DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04787-08
27 February 2009
This ig 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 24 February 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 enlisted in the Navy on 8 February 1956, and served without
disciplinary incident until 21 June 1956, when you were convicted
at a special court-martial for an unauthorized absence (UA).
Shortly thereafter, you received the following NJP’s: on 27 July
1956, for UA; and on 27 November 1956, for three specifications
of violation of a general order.
On 22 December 1957, you were discharged from active duty service
due to the completion of your obligated service. Upon your
completion, you received a general discharge based on your
character of service. Character of service is based, in part, on
conduct and overall trait averages which are computed from marks
assigned during periodic evaluations. Your conduct average was
2.75. An average of 3.0 in conduct was required at the time of
your separation for a fully honorable characterization.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. Furthermore, the Board believed that
considerable leniency was extended to you to allow you to be
separated at the end of your obligated service with a general
discharge instead of a lesser discharge due to a pattern of
misconduct. 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 PFEAFF
Executive Di\kec
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