DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5539-07
24 January 2008
Deariggaeaaak.
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 Nava!
Records, Sitting im executive session, considered youn
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
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Board.
your application,
thereof, your naval record,
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 28 June 1976, you enlisted in the Naval Reserve at age 18 and
began a period of active service. On 31 January 1977, you had
nonjudicial punishment (NUP) for a breach of peace. On
20 April 1977, you had NUP for assault and possession of
marijuana. You were also counseled regarding deficiencies in
your performance and conduct, and warned that further infractions
could result in disciplinary action or administrative separation.
On 5 July and 4 November 1977, you had NUP for three instances of
absence from your appointed place of duty, two instances of
failure to obey a lawful order, making a false official
statement, and wrongfully wearing civilian clothing on board
ship. On 4 July 1979, you were released from active duty under
honorable conditions due to the expiration of your active
service. On 14 July 1982, you were issued a general discharge
upon completion of your obligated service.
Characterization of service is determined, in part, by overall
trait and military behavior averages computed from marks assigned
on a periodic basis. Your final overall trait and military
behavior averages were 2.87 and 2.84, respectively. An average
of 2.7 in overall trait and 3.0 in military behavior were
required for a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and contention that your evaluation marks dropped due to having
personal conflicts with a superior. Nevertheless, the Board
found that these factors and contention were not sufficient to
warrant recharacterization of your discharge due to your failure
to maintain the military behavior average required for a fully
honorable characterization of service. Furthermore, there is no
evidence in the record of a personal conflict contributing to
your misconduct or evaluation marks. The Board found that you
were fortunate to have received a general discharge, since most
individuals with repetitive misconduct such as yours are not
allowed to complete their contractual obligation, but are
administratively separated with an undesirable discharge.
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,
Xx
W. DEAN PFEIRSE
Executive Di
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