DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2635-08
20 November 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 19 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 29 December 1972, you enlisted in the Navy at age 19.
During the period 9 September 1973 to 12 December 1975, you had
nonjudicial punishment on four occasions. Your offenses
included a six day period of unauthorized absence, missing the
movement of your ship, two instances of failure to obey a
lawful order, sleeping on post, absence from your appointed
place of duty, and making a false official statement. On
4 January 1976, you were released from active duty under
honorable conditions and transferred to the Navy Reserve. On
28 June 1977, you were discharged with a general discharge for
enlistment in the Army National Guard.
Characterization of service is determined by a service member's
conduct, actions, and overall trait and behavior marks assigned
on a periodic basis. Minimum acceptable overall trait and
behavior mark averages of 2.7 and 3.0, respectively, were
required to form the basis for a fully honorable
characterization of service. Your overall trait and behavior
mark averages were 2.67 and 2.8, respectively. Given your
disciplinary actions, failure to attain the minimum overall
trait and behavior mark averages required to form the basis for
a fully honorable characterization of service, and since you
have been treated no differently than others in your situation,
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
and desire for a better discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your overall
service record and failure to attain the required overall trait
and behavior mark averages 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,
ete!
W. DEAN PFET
Executive Dir
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