DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8119-07
8 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 7 October 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.
You enlisted in the Navy on 2 July 1969 at age 17 and served
without disciplinary incident until 19 March 1970, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order and disrespect. About two months later, on 11 May
1970, you received NUP for two specifications of disrespect and
disobedience.
During the period from 12 January to 19 March 1971 you received
NJP on two more occasions for assault and unlawful entry, and
were convicted by summary court-martial (SCM) of disrespect and
two specifications of disobedience.
On 13 April 1971, at the expiration of your active service, you
were transferred to the Naval Reserve under honorable conditions.
On 25 July 1975, at the expiration of your enlistment, you were
issued a general discharge.
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 2.53. 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, post service conduct, and the resume’ provided in
support of your request. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which resulted in
four NJPs and a court-martial conviction, and since your conduct
average was insufficiently high to warrant a fully honorable
characterization of service. 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,
Lo
W. DEAN PFEIFRE
Executive Direat
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