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NAVY | BCNR | CY2007 | 04269-07
Original file (04269-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                             TRG
                                    Docket No: 4269-07
                                    14 February 2008




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 23 January 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 existence of probable material error or injustice.
You enlisted in the Navy on 10 October 1979 at age 19. You then served without incident for more than a year. On 4 December 1980, you were transferred to the Naval Hospital, Subic Bay after you stabbed the commanding officer. The charges included attempted murder and aggravated assault.
Subsequently, a sanity board found you suffered from schizophrenia, were not responsible for your actions, and incompetent to stand trial for your offenses. Sometime later, a medical board recommended discharge by reason of physical disability with severance pay. On 4 June 1981, you were issued a general discharge.
Character of service when an individual is discharged because of a physical disability is based, in part, on conduct and overall trait averages, which are computed from marks assigned during periodic evaluations. Your conduct marks average was 2.7. A minimum average mark of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and evidence
 you submitted showing that you have been a good citizen for many years. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your serious misconduct and failure to achieve the required average mark 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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