DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 9807-06
29 March 2007
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 March 2007. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 5 July 1979 you enlisted in the Navy Reserve at age 17 with
parental consent. On 23 August 1979 you began a three year
period of active service. On 9 July and 18 November 1980 you
received nonjudicial punishment (NJP) for destruction of
government property, three instances of unauthorized absence (UA)
totaling about 18 days, and disobedience of a lawful order.
On 9 December 1980 your commanding officer (CO) initiated
administrative separation action by reason of convenience of the
government because you were an administrative burden to the
command due to your numerous minor disciplinary infractions. At
that time you were advised that you would receive the type of
discharge warranted by ‘your service record. In connection with
this processing, you did not consult counsel, submit a statement
or object to discharge. On 20 January 1981 the separation
authority approved the recommendation for separation and directed
a general discharge. On 21 January 1981 you were so discharged.
Characterization of service is determined, in part, by overall
trait and military behavior averages computed from marks assigned
on a periodic basis. Your final overall trait and military
behavior averages were 2.5 and 2.6, respectively. Averages of
2.7 in overall trait and 3.0 in military behavior were required
for a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. The Board also considered your contention that you
would have received an honorable discharge if you had not been
medically discharged for a knee injury. Nevertheless, the Board
concluded that these factors or contention were not sufficient to
warrant recharacterization of your discharge due to your
repetitive misconduct that resulted in discharge, and failure to
attain the minimum overall trait and military behavior averages
required for a fully honorable characterization of service.
Furthermore, there is no evidence in the record to show that you
were medically discharged. Therefore, the Board concluded that
the discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\ Syea.$
W. DEAN PF
Executive D r
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