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NAVY | BCNR | CY2007 | 05067-07
Original file (05067-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100
CRS
                                                                                          Docket No: 5067-07
                                                                                          6 July 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 20 June 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 19 June 1979. You received five nonjudicial punishments for offenses that included unauthorized absences, absence from appointed place of duty, possession of a false pass, larceny, and failure to obey a lawful order. On 11 December 1981 you received a general discharge by reason of burden to command.
Character of service is based, in part, on one’s conduct and overall traits averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and overall trait averages were 2.88 and 2.92, respectively. A minimum average conduct mark of 3.0 was required for a fully honorable characterization of service at the time of your discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the contention that racial prejudice caused your misconduct. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge given the five disciplinary actions as well as the fact that your conduct average was
                   insufficiently high to warrant a fully honorable discharge.


Concerning your contention of racism, you have submitted no evidence to support such a contention and the record contains no such evidence. 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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