DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1637-08
6 October 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 1 October 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 29 January 1960, you enlisted in the Navy Reserve at age 18
and began a period of active service. On 18 August 1960, you
were convicted by a summary court-martial of a six day period
of unauthorized absence (UA). On 27 December 1960, you had
nonjudicial punishment (NUP) for an 11 hour period of UA. On
14 June 1961, your commanding officer requested a humanitarian
transfer on your behalf. However, the request was subsequently
denied. On 9 December 1961, you had NUP for dereliction in the
performance of your duties. On 4 February 1962, you were
released from active duty under honorable conditions due to the
expiration of your active service. On 28 January 1966, you
were discharged with a general discharge due to the expiration
of your obligated service.
Characterization of service is determined by a service member's
conduct, actions, performance and marks assigned on a periodic
basis. Minimum acceptable average overall trait and military
behavior marks of 2.7 and 3.0, respectively, are required to
form the basis for a fully honorable characterization of
service. Your average overall trait and military behavior
marks were 2.64 and 2.47, respectively. Given your failure to
attain the overall trait and military behavior mark averages
required for a fully honorable characterization of service, the
Board found that your service warranted a general
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 contention that your service
warranted an honorable characterization of service.
Nevertheless, the Board found that these factors and contention
were not sufficient to warrant recharacterization of your
service, given your overall service record and failure to attain
the overall trait and military behavior mark averages required
for a fully honorable characterization of service. 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,
W. DEAN P
Executive
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