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NAVY | BCNR | CY2007 | 00417-07
Original file (00417-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100





 SMW
 Docket No: 417-07
12 July 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 11 July 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 25 March 1970 you enlisted in the Navy at age 17 with parental consent and served without incident for more than 19 months. On 9 November 1971 you received nonjudicial punishment (NJP) for breach of peace. On 25 February 1972 you received a derogatory performance evaluation which stated that you refused to work or stand watch for two days because you felt that you were being treated unfairly. On 25 February 1972 you received NJP for dereliction of duty and failure to obey a lawful order. On 25 February 1972 a service record entry was also made stating that you were not recommended for reenlistment due to your failure to meet professional growth criteria. On 7 March 1972 you were released from active duty under honorable conditions due to the expiration of your enlistment. On 24 March 1976 you received a general discharge due to the expiration of your obligated service.
Characterization of service is determined, in part, by overall trait and military behavior mark averages computed from marks assigned on a periodic basis. Your final overall trait and
 military behavior mark averages were 3.4 and 2.93, 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 contentions of double jeopardy and that your discharge is unjust. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your failure to attain the minimum military behavior mark average required for a fully honorable characterization of service. Regarding your contentions, double jeopardy does not apply to your characterization of service. Furthermore, the Board found no injustice in the general discharge, given the two NJP’s and refusal to work or stand watch for two days less than a month before your were released from active duty. 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,


                                                                        W. DEAN PFEIFFER
 Executive Director


                                   

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