DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10256-07
10 July 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 9 July 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 24 October 1968, you enlisted in the Navy at age 20. On
9 November 1969, you had nonjudicial punishment for failure to
obey a lawful order, two instances of disrespect, assault, and
failure to go to your appointed place of duty. On
27 March 1979, a psychiatric evaluation found that you had an
emotionally unstable personality that existed prior to
enlistment and recommended discharge without further trial of
service. On 6 April 1970, your commanding officer initiated
administrative separation by reason of convenience of the
government due to unsuitability, and recommended that
characterization of service be determined by your service
record. In connection with this processing, you acknowledged
the separation action and declined to submit a statement. On
22 April 1970, the separation authority approved the discharge
recommendation and directed discharge by reason of convenience
of the government due to unsuitability, and directed that the
characterization of service be determined by your service
record. On 27 April 1970, you were discharged with a general
discharge by reason of convenience of the government due to
unsuitability.
assigned on a periodic basis. Your overall trait and military
behavior mark averages were both 1.0. Averages 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.
The Board also considered your belief that your discharge was
suppose to automatically change after one year and contention
that your misconduct resulted while in defense of other Sailors.
Nevertheless, the Board concluded that these factors were not
fully honorable characterization of service. Furthermore, there
is no provision in the law or regulations that allows for
recharacterization of service due solely to the passage of time.
Regarding your contention, there is no evidence in the record to
Support your contention. 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,
wo
W. DEAN PPEKFNE
Executive D or
NAVY | BCNR | CY2007 | 07407-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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 | CY2007 | 05521-07
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 6 November 1975, the separation authority approved the discharge recommendation and directed discharge by reason of convenience of the government due to unsuitability and characterization of service to be determined by your service record. Nevertheless, the Board found that these...
NAVY | BCNR | CY2008 | 03093-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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. On 11 September 1970, the separation authority approved the discharge recommendation and directed discharge by reason of unsuitability, and...
NAVY | BCNR | CY2008 | 01233-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 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...
NAVY | BCNR | CY2008 | 01548-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 1548-08 6 November 2008 From: Chairman, Board for Correction of Naval Records TO: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF -SjiaiaildiiyieinelsiiniQiigliy ial Ref: (a) 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject’s naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, applied to this Board...
NAVY | BCNR | CY2008 | 04617-08
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. In connection with this processing, you acknowledged the separation action and that characterization of service would be determined as warranted by your service record. Given your misconduct and failure to attain the overall trait and behavior mark averages required for a fully honorable...
NAVY | BCNR | CY1999 | Document scanned on Thu Feb 01 13_04_27 CST 2001
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. 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...
NAVY | BCNR | CY1999 | Document scanned on Thu Feb 01 11_59_57 CST 2001
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. 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...
NAVY | BCNR | CY2009 | 01672-09
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 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service. ‘Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your general discharge or change the narrative reason for...
NAVY | BCNR | CY2008 | 06514-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2009. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your general discharge because of your...