DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 10608-08
21 August 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 13 August 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.
You enlisted in the Navy on 27 March 1978, and served without
disciplinary incident until 5 November 1979, when you received
nonjudicial punishment (NUP) for possessing a false
identification card.
Shortly thereafter, on 21 December 1979, you received an NUP for
unauthorized absence and failure to obey a lawful order. You
were recommended for separation with a general discharge due to
the convenience of the government because you were an
administrative burden to the command and since your conduct
average was insufficiently high to warrant an honorable
discharge.
Characterization of service is based, in part, on conduct and
overall trait averages which are computed from marks assigned
during periodic evaluations. Your overall trait average was
2.76. An overall average of 3.0 was required at the time of your
separation for a fully honorable characterization of service.
Therefore, the separation authority approved the recommendation
and on 7 November 1980, you were separated with a general
discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct and insufficiently
high trait average. 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,
Executive
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