DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8780-07
25 June 2008
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 24 June 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 30 July 1974 at age 17 and served
without disciplinary incident until 26 March 1975, when you
received nonjudicial punishment (NUP) for misbehavior as
sentinel. The punishment imposed was a $50 forfeiture of pay and
restriction and extra duty for 10 days.
On 14 May 1976 you received NIP for two specifications of
disobedience, wrongful possession of marijuana, and being in an
unauthorized area. The punishment imposed was restriction for 60
days, extra duty for 45 days, a $160 forfeiture of pay, and
reduction to paygrade E-1. About three months later, on 21
August 1976, you began a 175 day period of unauthorized absence
(UA) that was not terminated until you were apprehended by the
Federal Bureau of Investigation on 10 February 1977. On 16 May
1977 you began another period of UA for 63 days, which terminated
on 17 August 1977. Although these periods of UA were dismissed
due to duress, they were recorded as 238 days of lost time.
On 22 September and again on 22 November 1977 you received NJP
for 25 periods of absence from your appointed place of duty,
specifically, enlisted muster and working parties, and failure to
obey a lawful order.
On 24 February 1978 you were released from active duty under
honorable conditions. On 24 March 1981, 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 2.8. 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
because you believe you did nothing wrong and should not be
unfairly treated. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which result in four NJPs, and since your conduct
average was insufficiently high to warrant an honorable
discharge. Finally, the Board noted that you were fortunate to
receive a general discharge considering your record of misconduct
and lengthy periods of lost time. 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,
00
W. DEAN PFE R
Executive Dilrac
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