DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 5262-07
23 January 2008
De a ATP
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.
Correction of Naval
considered your
allegations of error and
A three-member panel of the Board for
Records, sitting in executive session,
application on 15 January 2008. Your
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 7 September 1977 for four years at
age 17. During the period from 16 January 1978 to 11 October
1981, you received nonjudicial punishment on 11 occasions. Your
offenses were two periods of unauthorized absence (UA) totaling
about 122 days, 20 other incidents of apparently short periods of
UA, possession of a controlled substance, wrongful appropriation
and disobedience. You were released from active duty on 14
January 1982 with your service characterized as being under
honorable conditions. Subsequently, you were issued a general
discharge at the end of your military obligation.
Character of service when an individual is released from active
duty is based, in part, on conduct and overall trait averages,
which are computed from marks assigned during periodic
evaluations. Your conduct mark 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, low score on
the aptitude test and the contention that alcoholism led to your
record of misconduct. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your extensive disciplinary record and your
failure to receive the required average mark in conduct. The
Board believed that you were fortunate to have been released from
active duty with your service characterized as being under
honorable conditions and concluded that recharacterization of
your discharge to fully honorable was not warranted.
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,
\ Bais
R
Executive or
\
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