DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 9931-08
8 April 2008
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 1 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 28 March 1972 at age 18. During the
period from 8 August 1972 to 2 July 1973 you received nonjudicial
punishment on four occasions. Your offenses were three periods
of unauthorized absence totaling about 10 days and breaking
restriction. During this period, you were granted drug exemption
after you admitted to extensive drug use. On 7 August 1973 you
were notified of separation processing. At that time, you
elected to waive the right to have your case heard by an
administrative discharge board. On 14 August 1973 you received
your fifth nonjudicial punishment for disobedience. On 30 August
1973 the separation authority approved the recommendation of your
commanding officer for a general discharge by reason of
convenience of the government and you were so discharged on 5
September 1973.
When an individual is discharged by reason of convenience of the
government the regulations in effect at the time required an
average mark in conduct of 3.0 for a fully honorable
Characterization of service. Your average mark in conduct was
264 «
In its review of your application the Board carefully weighed all
potentially mitigating factors, such @#s your youth, limited!
education and low score on the aptitude test. The Board also
considered your contention, in effect, that you have been a good
citizen for many years. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
the general discharge given your disciplinary record, failure to
achieve the required average mark in conduct and the nature of
your offenses. The Board believed that you were fortunate to
have received a general discharge and 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,
\o
W. DEAN PPEI
Executive Di
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