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NAVY | BCNR | CY2008 | 00888-08
Original file (00888-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 00888-08
5 February 2009

 

naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.

A three-member panel of the Board for Cor, ection of Naval
Records, sitting in executive session, considered your
application on 3 February 2009. 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,

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient

injustice.

You enlisted in the Navy and began a period of active duty on

2 November 1979 at age 18. On 7 February 1981, you received
nonjudicial punishment (NIP) for a brief period of unauthorized
absence. You received a forfeiture of pay and restriction.

On 13 April 1981, you were processed for separation by reason of
convenience of the government due to creating an administrative
burden to your command. You elected not to make a statement, and
did not object to the separation. On 17 April 1981, your
commanding officer directed your separation, stating in part,
that on several occasions you displayed a lack of control in a
working environment, that if disturbed by others, you reacted
violently with little warning, and that a psychiatric evaluation
was conducted because of your violent tendencies. Further, that

in all phases of your assigned duties, you had been totally
unreliable, unpredictable, and maintained the same belligerent
attitude. Therefore, you received a general discharge based on
your conduct and proficiency marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.9. At the time of your
service, a conduct average of 3.0 was required for a fully

honorable characterization of service.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant upgrading your
discharge given the NUP and your failure to attain the required
average in conduct. 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,

   
   

W. DEAN PFE
Executive Dir

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