Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 05210-08
Original file (05210-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .

 

TUR
Docket No: 5210-08
5 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 3 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

in yosta.ce.

You enlisted in the Navy on 30 September 1971 and were honorably
discharged on 12 August 1974. At that time you were issued a
Certificate of Discharge or Release from Active Duty (DD Form
214), a copy of which is attached.

You reenlisted in the Navy on 13 August 1974 after three years of
prior honorable service and continued to serve without
disciplinary incident. About two months later, on 30 October
1974, you were referred for a psychiatric evaluation for your
passive aggressive behavior. You were diagnosed with a
personality disorder and recommended for an administrative
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to unsuitability
as evidenced by your substandard personal behavior. The
discharge authority directed discharge under honorable
conditions, and on 22 November 1974 you were issued a general

discharge.

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 2.7. 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 prior honorable service and desire to upgrade the
characterization of your general discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your general discharge because of your
substandard personal behavior and since your conduct average was
insufficiently high to warrant an honorable discharge.

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 ta 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,

 

Enclosure

Similar Decisions

  • NAVY | BCNR | CY2008 | 03508-08

    Original file (03508-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2008 | 04072-08

    Original file (04072-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2009. 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. In this regard, characterization of service for members who are discharged by reason of convenience of the government is determined by...

  • NAVY | BCNR | CY2008 | 04617-08

    Original file (04617-08.pdf) Auto-classification: Denied

    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. In connection with this processing, you acknowledged the separation action and that characterization of service would be determined as warranted by your service record. Given your misconduct and failure to attain the overall trait and behavior mark averages required for a fully honorable...

  • NAVY | BCNR | CY2009 | 00014-09

    Original file (00014-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2009. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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...

  • NAVY | BCNR | CY2002 | 07893-02

    Original file (07893-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2003. 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. Subsequently, the discharge authority approved this recommendation your commanding officer was directed to issue you a general discharge by reason...

  • NAVY | BCNR | CY1999 | Document scanned on Thu Feb 01 13_04_27 CST 2001

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. 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...

  • NAVY | BCNR | CY1999 | Document scanned on Thu Feb 01 11_59_57 CST 2001

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. 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...

  • NAVY | BCNR | CY2005 | 02633-05

    Original file (02633-05.doc) Auto-classification: Denied

    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. Nevertheless, the Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your misconduct and final military behavior average. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2008 | 10761-08

    Original file (10761-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 20 August 2009. 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 1 September 1972 and 1 March 1973, _ you received an adverse mark in military behavior.

  • NAVY | BCNR | CY2000 | 06297-00

    Original file (06297-00.pdf) Auto-classification: Denied

    A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 28 February 2001. The Board concluded that the foregoing factors and contention were insufficient to warrant recharacteri- zation of your discharge given your record of three NJPs and special court-martial conviction, and your failure to achieve the required averages in military behavior and overall traits. Consequently, when applying for a correction of an...