DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 870-08
4 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 2 December 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 Naval Reserve on 5 April 1981 at age 19 and
served for about four months without disciplinary incident.
However, during the period from 11 August to 13 October 1981, you
received nonjudicial punishment (NJP) on three occasions for
three periods of unauthorized absence (UA) totalling 19 days, two
Specifications of disobedience, and two periods of absence from
your appointed place of duty. On 2 November 1981 you began
another period of UA that was not terminated until 1 December
1981, at which time you were convicted by civil authorities of
simple assault. You were sentenced to confinement for 30 days
and ordered to pay a $100 fine.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to an inability to
adapt to military service, substandard performance, and being a
burden to the command. The discharge authority directed
discharge under honorable conditions, and on 26 January 1°82 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 2.0. 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 and desire to upgrade the characterization of your
discharge. It also considered your assertions of threats and
harassment by senior personnel and being portrayed as a trouble-
maker. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your disciplinary infractions which resulted in three
NJPs and a conviction by civil authorities, and since your
conduct average was insufficiently high to warrant an honorable
discharge. Finally, there is no evidence in the record, and you
submitted none, to support your assertions. 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,
ny
W. DEAN PFE
Executive Da xr
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