DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 3508-08
19 February 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 February 2009. The names and votes of the
members of the panel will be furnished upon request.
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 enlisted in the Navy on 4 January 1974 at age 19 and served
without disciplinary incident until 11 July 1974, when you
received nonjudicial punishment (NUP) for disobedience. About a
month later, on 13 August 1974, you received NJP for dereliction
of duty.
On 29 January and again on 11 April 1975 you received NJP for
absence from your appointed place of duty and failure to report
an offense. Shortly thereafter, on 5 May 1975, you were notified
of pending administrative separation action by reason of
convenience of the government due to you being a burden to your
command as evidenced by your substandard performance.
Subsequently, the discharge authority directed your commanding
officer to issue you « discharge under honeable conditions. A:
a result, on 5 May 1975, you were issued a general discharge.
Character of service was based, in part, on conduct and overall
trait averages which were computed from marks assigned during
periodic evaluations. Your conduct average was 2.7. An average
of 3.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of mental illness. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in four NJPs, and
since your conduct average was insufficiently highly to warrant a
fully honorable characterization of service. Finally, there is
no evidence in the record, and you have submitted none, to
support your assertion of mental illness. Accordingly, your
application has been denied.
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, \
\j
W. DEAN P
Executive
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