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NAVY | BCNR | CY2008 | 02847-08
Original file (02847-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMS

Docket No: 2847-08
5 December 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 3 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

On 20 February 1967, you enlisted in the Navy at age 19. On

15 November 1967, a service record entry was made which stated
that your work was poor and you required constant supervision.
On 1 October 1968, you had nonjudicial punishment for a five
day period of unauthorized absence (UA) and missing the
movement of your ship. On 15 October 1968, you began a UA that
ended on 6 November 1968, a period of about 22 days. It
appears that no disciplinary action was taken for this

offense. On 15 November 1968, you began a VA that ended on

18 March 1969, a period of about 123 days. On 27 May 1969, you
were convicted by a special court-martial for the 123 day
period of UA. On 25 July 1969, you were released from active
duty under honorable conditions due to the expiration of your
active service. On 17 April 1972, you were separated with a
general discharge due to the expiration of your obligated
service.
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 2.95 and 2.65, respectively. Given your
disciplinary actions, failure to attain the minimum behavior
mark average 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. The Board also considered
your contention that personal problems contributed to your
misconduct. 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 behavior mark average for a fully
honorable characterization of service. Regarding your
contention, personal problems do not excuse misconduct.
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 PF _~

Executive rector

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