DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 2838-07
24 January 2008
A three-member panel of the Boa
Records, sitting in executive session,
application on 23 January 2008.
injustice were reviewed in accordance with administrative
rd for Correction of Naval
considered your
Your allegations of error and
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 consid
eration 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 13 May 1963 at age 17 and served
without disciplinary incident until 21 January 1964, when you
received nonjudicial punishment (NJP) for being insolent and
insubordination. The punishment imposed was restriction and
extra duty for seven days and a $20 forfeiture of pay. About six
months later, on 5 June 1964, you received NJP for disrespect and
were awarded restriction for 14 days. On that same day you broke
restriction and began a period of unauthorized absence (UA) that
was not terminated until 16 August 1964.
On 26 August 1964, after undergoing a psychiatric evaluation, you
were diagnosed with a passive aggressive personality disorder and
strongly recommended for an administrative separation. The next
day, on 27 August 1964, you were convicted by special court-
martial (SPCM) of a 72 day period of UA and breaking restriction.
You were sentenced to confinement at hard labor for four months,
a $220 forfeiture of pay, and reduction to paygrade E-1.
Subsequently, you were notified of pending administrative
separation action by reason of unsuitability due to the diagnosed
personality disorder. At that time you waived your right to
submit a statement of rebuttal to the discharge and stated, in
part, that you wanted to be discharged. On 25 September 1964
your commanding officer recommended discharge under honorable
conditions by reason of unsuitability. On 2 October 1964 the
discharge authority approved this recommendation and directed
separation under honorable conditions by reason of unsuitability,
and on 11 December 1964 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 2.0. 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 and desire to upgrade your discharge so that you may
obtain employment. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which resulted in
two NJPs, 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,
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