DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7235-08
27 March 2009
This igs 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 24 March 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 5 January 1978, you enlisted in the Navy at age 17 with
parental consent. During the period 9 June 1978 to
18 January 1982, you had nonjudicial punishment (NJP) on seven
occasions and a suspended punishment vacated from one of your
NUP's. Your offenses included possession of marijuana, six
occasions of unauthorized absence (UA) totaling about 33 days,
possession of drug paraphernalia, two instances of disrespect,
two instances of disobedience of a lawful order, and drunk and
disorderly conduct. During this period you also had six
occasions of UA totaling about four days for which you did not
receive disciplinary action, and were counseled on five
cccasions regarding your misconduct and given administrative
separation warnings due to your misconduct. Nevertheless, on
26 January 1982, you were released from active duty under
honorable conditions due to the expiration of your active
service. On 16 January 1984, 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 belief that your infractions were minor and did not warrant
a general characterization of service. Nevertheless, the Board
found that these factors and belief were not sufficient to
warrant recharacterization of your service. In this regard,
characterization of service for members who are released from
active duty or discharged due to the expiration of their active
or 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 2.7 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 3.3 and 2.7,
respectively. Given your repetitive misconduct and failure to
attain the behavior mark average required for a fully honorable
characterization of service, the Board found that your service
warranted a general characterization of service, and further
noted that you were fortunate to have received such a discharge
since you met the requirements to be discharged for misconduct.
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.
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,
NAVY | BCNR | CY2007 | 05539-07
A three-member panel of the Board for Correction of Nava! Records, Sitting im executive session, considered youn application on 23 January 2008 Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, Board. Nevertheless, the Board found that these...
NAVY | BCNR | CY2007 | 10872-07
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 September 1979, you enlisted in the Naval Reserve at age 18 and began a period of active service...
NAVY | BCNR | CY2007 | 10872-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 July 2008. Characterization of service is determined by a service member's conduct, actions, performance and marks assigned on a periodic basis. Given your NUP's and failure to attain the behavior mark average required for a fully honorable characterization of service, the Board found that your period of active service warranted a general characterization of service.
NAVY | BCNR | CY2008 | 01233-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2008. 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 | 02635-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. On 29 December 1972, you enlisted in the Navy at age 19.
NAVY | BCNR | CY2007 | 10256-07
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 6 April 1970, your commanding officer initiated administrative separation by reason of...
NAVY | BCNR | CY2008 | 04617-08
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 | CY2008 | 07929-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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 probable...
NAVY | BCNR | CY2006 | 09807-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 March 2007. 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 concluded that these factors or contention were not sufficient to warrant recharacterization of your discharge due to...
NAVY | BCNR | CY2007 | 07407-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2008. 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 probable...