Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 07742-07
Original file (07742-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TUR
Docket No: 7742-07

20 August 2008

 

 

 

This is in reference tlo your application for correction of your
naval record pursuant |to the provisions of Title 10, United

States Code, Section 11552.

Records, sitting in executive session, considered your
application on 19 Augulst 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedbres 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 retord, and applicable statutes, regulations,

and policies.

A three-member panel * the Board for Correction of Naval

After careful and cons¢ientious consideration of the entire
record, the Board found the evidence submitted was insufficient

to establish the existence of probable material error or
injustice.

 

You enlisted in the Na on 29 May 1957 at age 17 and served for
two years and three monlths without disciplinary incident, but on
19 August 1959, you received nonjudicial punishment (NJP) for
disobedience and were awarded restriction and extra duty for

seven days.

November 1959 which states, in part, that in almost all of your
assigned tasks, you wer closely watched since you showed little
concern for your work and could not be trusted. It also stated

that you presented a su ly disposition and seemed to resent
authority. There is algo another administrative remarks entry
which states that you were not recommended for reenlistment due

to your low average of é¢valuation marks.

On 30 March 1961 you were released from active duty and
transferred to the Naval] Reserve under honorable conditions. On

28 May 1963, at the expilration of your enlistment, you were
issued a general dischange.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during

periodic evaluations.

Your conduct average was 2.93. An average

of 3.0 in conduct was|required at the time of your discharge for
a fully honorable characterization of service.

The Board, in its review of your entire record and application,
carefully weighed all|potentially mitigating factors, such as
your youth and desire|to upgrade your discharge to honorable. It
also considered your assertion of the events that occurred prior
to your release from the Navy. Nevertheless, the Board concluded

these factors were not

sufficient to warrant recharacterization

of your discharge because of your misconduct, which result in
NJP, derogatory administrative remark entries, and since your
conduct average was insufficiently high to warrant a fully
honorable discharge. |Finally, there is no evidence in the
record, and you submitted none, to support your assertion.
Accordingly, your appllication has been denied.

The names and votes off the members of the panel will be furnished

upon request.

It is regretted that the circumstances of your case are such that
favorable action cannolt 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 regularlity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is pn the applicant to demonstrate the
existence of probable material error or injustice.

 

Sincerely,

\Suee
W. ‘DEAN PFET

Executive Di

Similar Decisions

  • NAVY | BCNR | CY2007 | 11227-07

    Original file (11227-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and...

  • NAVY | BCNR | CY2010 | 11259-10

    Original file (11259-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 2 August 2011. 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. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

  • NAVY | BCNR | CY2007 | 11357-07

    Original file (11357-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 2008. An average of 4.0 in conduct was required at the time of your release from active duty for a fully honorable characterization of service. 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.

  • NAVY | BCNR | CY2008 | 07567-08

    Original file (07567-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2009. Furthermore, disciplinary action and an administrative separation are appropriate for alcohol related offenses. 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.

  • NAVY | BCNR | CY2007 | 06337-07

    Original file (06337-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 02060-00

    Original file (02060-00.pdf) Auto-classification: Denied

    On 3 January 1959 you received NJP for failure to go to your appointed place of duty. thereafter, on 27 February 1959, you were convicted by SCM of The punishment imposed was reduction to - absence from your appointed place of duty and were sentenced to hard labor for 35 days. concluded these factors were not sufficient to warrant a change in your discharge given your frequent misconduct, which resulted in nine NJPs and two court-martial convictions, and since your conduct average was...

  • NAVY | BCNR | CY2007 | 08124-07

    Original file (08124-07.pdf) Auto-classification: Denied

    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. An average of 4.0 in conduct was required at the time of your release from active duty for a fully honorable characterization of service. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 00870-08

    Original file (00870-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 00131-08

    Original file (00131-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. 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.

  • NAVY | BCNR | CY2007 | 08134-07

    Original file (08134-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2008. 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. On 1 August 1962 you were issued a general discharge.