DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 131-08
1 December 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 25 November 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 27 July 1982 at age 20. About eight
months later, on 16 March 1983, you received nonjudicial
punishment (NJP) for three periods of unauthorized absence (UA)
totalling 16 days. The punishment imposed was restriction and
extra duty for 40 days and a $500 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to an inability to
adapt to military service and burden to the command. The
discharge authority directed discharge under honorable
conditions, and on 8 April 1983 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 separation 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, desire to upgrade the characterization of your
discharge, and assertion of a hardship while serving in the Navy.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your disciplinary infractions which resulted in NUP,
and since your conduct average was insufficiently high to warrant
an honorable discharge. 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,
Daas
W. DEAN PFRI R
Executive r§dtor
N
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