DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8585-08
1i January 2010
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 6 January 2010. 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 ail 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that: you enlisted in the Navy on 15 February
1980. You received nonjudicial punishment on two occasions and
were convicted by a summary court-martial for offenses that
-included an unauthorized absence of 28 days, missing movement,
failure to obey a lawful order, wrongful possession of marijuana,
and soliciting another to commit an offense. On 12 March 1982
you were released from active duty and transferred to the Navy
Reserve with a characterization of service of honorable. On 27
July 1983 you received a general discharge from the Navy Reserve
upon the expiration of your enlistment.
The Board found that you received a general discharge because
your conduct mark average of 2.8 was below the minimum average of
3.0 required for an honorable discharge. In addition, the Board
concluded that an honorable characterization of service is not
warranted in your case, given your extensive disciplinary record.
The fact that your service was characterized as honorable in 1982
when you were released from active duty did not mandate that you
be awarded an honorable discharge at the expiration of your
enlistment in 1983. 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,
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