DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘CRS
WASHINGTON DC 20370-5100. Docket No: 4537-08
3 June 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 28 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 21 May 1962.
You received nonjudicial punishment and were convicted by three
special courts-martial for offenses that included unauthorized
absences, failure to obey a lawful order, and breaking
restriction. On 28 August 1967 you were released from active
duty and transferred to the Navy Reserve with a characterization
of service of honorable. On 27 October 1969 you received a
general discharge from the Navy Reserve upon the expiration of
your enlistment.
The Board found that you received a general discharge because
your conduct mark average of 2.65 was below the Minimum average
of 3.0 required for an honorable discharge. In addition, the
Board concluded that an honorable characterization of service is
not warranted in your case, given your extensive disciplinary
record. The fact that your service was characterized as
honorable in 1967 when you were released from active duty did not
mandate that you be awarded an honorable discharge at the
expiration of your enlistment in 1969. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Tk 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,
Executive Diec
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