DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
TUR
Docket No: 7454-08
5 June 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 June 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 ali
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 14 April 1969 at age 17 and served
without disciplinary incident until 2, September 1970, when you
received nonjudicial punishment (NJP) for drunk and disorderly
conduct, dan escape attempt, and breaking custody. About three
months later, on 23 December 1970, you received NJP for two
Specifications of assault.
On 22 March 1971 you were released from active duty under
honorable conditions and transferred to the Naval Reserve. On 14
April 1975, upon completion of your obligated service, you were
erroneously issued an honorable discharge certificate. However,
you were subsequently issued a corrected discharge certificate
with a characterization of service as general under honorable
conditions.
At the time of your release from active duty character of service
was based, in part, on conduct and proficiency averages which
were computed from marks assigned during periodic evaluations.
Your conduct average was 2.87. However, an average of 3.0 in
conduct was required at the time of your release and discharge
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 youth, desire to upgrade your discharge, and assertion that
you were “tricked” into accepting a general discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NUPs and since your conduct average was
insufficiently high to warrant a fully honorable characterization
of service. Further, the Board noted that with your record of
misconduct, you were fortunate to receive a general 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 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,
\s
W. DEAN P
Executive Di
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