DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 02007-08
6 March 2009
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 3 March 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,
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 reenlisted in the Navy on 24 October 1973 after three years
of honorable service. On 3 May and 24 July 1974, you received
nonjudicial punishment (NJP) for two periods of unauthorized
absence (UA) totaling 22 days. On 17 January 1975, you were
convicted by special court-martial (SPCM) of disobedience. On
22 August 1975, you received a third NUP for 36 days of UA and
missing movement.
On 26 August 1975, you were notified of pending administrative
discharge action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). On 4 September
1975, your commanding officer forwarded your case recommending
that you receive an under other than honorable conditions
discharyje due to unfitness. However, due to the lac™ of
documented counseling required to separate under other than
honorable conditions, the discharge authority directed that you
receive a discharge warranted by your service record.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.4. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service. Subsequently, you
received a general discharge on 1 October 1975.
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 found that
these factors were not sufficient to warrant any change in your
discharge because of the three NJP’s and conviction by SPCM. The
Board also noted that you waived an ADB, your best chance for
retention or a better characterization of service. 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 PFEL R
Executive Dir&dat
NO
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