DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4914-08
20 February 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 19 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.
On 27 June 1979, you enlisted in the Navy Reserve and
immediately began a period of active duty. On 31 January 1981,
you had nonjudicial punishment for use of marijuana, resisting
apprehension, and dereliction in the performance of your
duties. Your punishment included restriction, forfeiture of
pay, and a reduction in rank. Your commanding officer
subsequently reinstated you to pay grade E-3. On 23 June 1982,
you were released from active duty with a general
characterization of service due to the termination of your
obligated service. On 26 June 1985, you were separated with a
general discharge due to the expiration of your obligated
service.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and period of good service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your service. In this regard, characterization of service
for members who are released from active duty due to the
termination of obligated service is determined by their
conduct, actions, and overall trait and behavior marks assigned
on a periodic basis. Minimum acceptable average overall trait
and behavior marks of 2.8 and 3.0, respectively, were required
to form the basis for a fully honorable characterization of
service. Your average overall trait and behavior marks were
2.81 and 2.8, respectively. Given your disciplinary action and
failure to attain the behavior mark average required for a
fully honorable characterization of discharge, the Board found
that your service warranted a general 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.
The Board noted that as a result of your general
characterization of service, you may be eligible for veterans'
benefits. You should contact the nearest office of the
Department of Veterans Affairs if you desire clarification
about your eligibility for those benefits.
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,
Executive D xr
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