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NAVY | BCNR | CY2007 | 03444-07
Original file (03444-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
8OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                             SJN
                                    Docket No: 03444-07
                                    18 December 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 December 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 28 January 1974 at age 19. You served over a year when you were diagnosed with Osteoarthrjtjs that existed prior to you entering the service.
You were notified of pending administrative separation action by reason of convenience of the government due to the diagnosed physical disability. Based on the information currently contained in your record it appears you elected to waive your rights to consult counsel, or submit a statement. On 20 March 1975 you received a general discharge based on your final trait averages.
Characterization of service is based in part on conduct and proficiency averages computed from marks assigned on a periodic basis. At the time of your service, conduct and overall trait averages of 3.0 and 2.7 were required for a fully honorable characterization of service. Your conduct average was 2.8. factors, such as your youth, overall record of service, and the reason you offered to explain your low performance rating. Nevertheless, the Board found that these The Boar, in its review of your entire record and application carefully weighted all potentially mitigating factors were not sufficient to warrant a change in the characterization of your discharge given the diagnosed physical disability and your failure to attain the required average in conduct. 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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