Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 00548-07
Original file (00548-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR
 Docket No: 548-07
 7 November 2007







This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 6 November 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.
You enlisted in the Navy on 9 March 1973 at age 18. On 27 February and again on 5 March 1974 you received nonjudicial punishment (NJP) for two specifications of failure to obey a lawful order, absence from your appointed place of duty, and a two day period of unauthorized absence (UA). Shortly thereafter, on 10 June 1974, you were convicted by special court-martial (SPCM) of a 77 day period of UA and sentenced to confinement at hard labor for 45 days and a $450 forfeiture of pay.
On 19 July 1974 you were notified of pending administrative separation action by reason of unsuitability due to a defective and negative attitude, poor performance, and failure to comply with authority. At that time you waived your right to submit a statement of rebuttal to the discharge. On 24 July 1974 your commanding officer recommended discharge under honorable conditions by reason of unsuitability. Subsequently, the discharge authority directed separation under honorable conditions by reason of unsuitability, and on 26 July 1974 you were issued a general discharge.
 Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 2.1. An average of 3.0 in conduct was required at the time of your separation 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, post service conduct, and desire to upgrade your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct which resulted in two NJP5 and a court-martial conviction for a lengthy period of UA, and since your conduct average was insufficiently high to warrant an honorable discharge. 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

Similar Decisions

  • NAVY | BCNR | CY2006 | 05469-06

    Original file (05469-06.rtf) Auto-classification: Denied

    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.•You enlisted in the Navy on 19 September 1974 at age 18. Subsequently, the discharge authority...

  • NAVY | BCNR | CY2007 | 07407-07

    Original file (07407-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 07609-10

    Original file (07609-10.pdf) Auto-classification: Denied

    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. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service. Further, Marines with an extensive record of misconduct, such as yours, normally receive discharges under other than honorable conditions, and as such the Board noted...

  • NAVY | BCNR | CY2007 | 11227-07

    Original file (11227-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and...

  • NAVY | BCNR | CY2013 | NR519 13

    Original file (NR519 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your lengthy...

  • NAVY | BCNR | CY2009 | 02500-09

    Original file (02500-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 12 January 2010. Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, - and policies. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your characterization of service given your two...

  • NAVY | BCNR | CY2008 | 02013-08

    Original file (02013-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 08479-01

    Original file (08479-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. 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. circumstances in your case the Board concluded your discharge was proper as issued and no change is warranted.

  • NAVY | BCNR | CY2006 | 07979-06

    Original file (07979-06.rtf) Auto-classification: Denied

    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 an conscientious consideration of the entire record, the Boar found the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 14 September 972 you enlisted in the Marine Corps at age 20. Nevertheless, the Board concluded that...

  • NAVY | BCNR | CY2009 | 01122-09

    Original file (01122-09.pdf) Auto-classification: Denied

    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. You were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed disorder. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...