DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 _
SMW
Docket No: 7407-07
24 April 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 April 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 4 May 1973, you enlisted in the Navy at age 19. On
13 April 1974, you received a performance evaluation while a
student at a nuclear power school which stated that your
performance was unsatisfactory and you were unsuitable to
enroll in the nuclear power program due to frequent
disciplinary problems. On 22 May 1974, you had nonjudicial
punishment (NJP) for two instances of failure to obey a lawful
order. On 23 May 1974, you acknowledged receiving derogatory
performance evaluation marks. On 28 May 1974, you began an
unauthorized absence (UA) that ended on 5 June 1974, a period
of about eight days. On 20 June 1974, you had NJP for the
eight day UA.
On 11 July 1974, your commanding officer initiated
administrative separation by reason of convenience of the
government due to unsuitability. In connection with this
processing, you acknowledged that separation could result in a
general discharge. On 12 July 1974, the separation authority
approved the separation recommendation and directed a general
discharge by reason of convenience of the government due to
unsuitability. On 17 July 1974, you were so discharged.
Characterization of service is determined, in part, by overall
trait and behavior mark averages computed from marks assigned
Your final overatt trait
averages were 2.9 and 2.4, respectively. Averages of 2.7 in
overall trait and 3.0 in 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.
The Board also considered your contention of recruiter
misconduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to your misconduct and failure to attain the
minimum behavior mark average required for a fully honorable
characterization of service. Regarding your contention, there
is no evidence in the record of recruiter misconduct.
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,
\oN sen
W. DEAN PFE
Executive Di
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