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Decision Text

NAVY | BCNR | CY2007 | 03643-07
Original file (03643-07.pdf) Auto-classification: Denied
This is in reference to your
naval record pursuant to the
States Code section 1552,

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 3643-07
5 May 2008

application for correction of your
provisions of title 10 of the United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your

application on 30 April 2008.

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 that the evidence submitted was

insufficient to establish the
error or injustice.

existence of probable material

The Board found that you enlisted in the Navy on 28 October 1980.
On 30 July 1981 your commanding officer stated that you had
failed to maintain proficiency in rate and that your performance
was non-contributory to unit readiness. You received a general
discharge by reason of convenience of the government on 7 August
1981. You did not object to the discharge.

Character of service is based,

in part, on one’s conduct and

overall trait averages, both of which are computed from marks
assigned during periodic evaluations. Your conduct and overall
trait averages were 2.80 and 2.41, respectively. aA minimum
average conduct mark of 3.0 and 2.7 in overall trait average were
required for a fully honorable characterization of service at the

time of separation.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, good service,
and the contention that you were struck in the back and pushed by
an officer. The Board concluded that those factors were
insufficient to warrant recharacterization of your service ora
change in the reason for discharge, given your lack of effort as
well as the fact that your conduct and overall trait averages
were insufficiently high to warrant a fully 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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