DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5521-07
24 January 2008
reference to your application for correction of your
This is in
naval record pursuant to the provisions of title 10 of the United
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A three-member panel of the Boar
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 7 October 1974, you enlisted in the Navy at age 18. On
10 June 1975, you were convicted in civil court of larceny. On
31 July 1975, you received adverse performance evaluation marks.
On 26 August 1975, your commanding officer initiated
administrative separation by reason of misconduct due to civil
conviction and convenience of the government due to
unsuitability. In connection with this processing, you
acknowledged that separation could result in an undesirable
discharge (UD) and waived the right to have your case heard by an
administrative discharge board (ADB). On 26 September 1975, your
commanding officer endorsed the recommendation by further stating
that you had a negative attitude toward the service and exposure
to the public as a tour guide did nothing to improve it, but was
detrimental to the Navy's image. He further stated that you were
counseled on several occasions, which resulted in little change.
Your commanding officer subsequently recommended discharge by
reason of convenience of the government due to unsuitability. on
6 November 1975, the separation authority approved the discharge
recommendation and directed discharge by reason of convenience of
the government due to unsuitability and characterization of
service to be determined by your service record. On
14 November 1975, you were separated with a general discharge by
reason of convenience of the government due to unsuitability.
Characterization of service is determined, in part, by marks
assigned on a periodic basis. Averages of 2.7 in overall trait
and 3.0 in military behavior were required for a fully honorable
characterization of service. Your final overall trait and
military behavior averages were 3.05 and 2.8, respectively.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and contention that you were not given a chance. Nevertheless,
the Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge due to
your civil conviction of larceny and failure to maintain the
military behavior average required for a fully honorable
characterization of service. Therefore, the Board concluded that
the discharge was proper as issued and no change is 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,
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