DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
BUG
Docket No: 10761-08
21 August 2009
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 20 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 and medical records, .
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 entered active .
duty in the Navy on 22 December 1970. You received nonjudicial.
punishment on two occasions for failure to obey a lawful order,
dereliction in the performance of your duties, to instances of
unauthorized absence, and violation of a lawful general
regulation. On 1 March 1972, you were counseled regarding
substandard performance. On 1 September 1972 and 1 March 1973,
_ you received an adverse mark in military behavior. You were
recommended for administrative separation due to unsuitability
with a type warranted by service record characterization of
discharge. On 12 September 1973, you received a general
discharge for unsuitability, and were assigned an RE-4
reenlistment code.
Character of service is based in part on overall military
behavior marks assigned on a periodic basis. Your overall
- military behavior mark average was 2.9. You needed a 3.0
average for a fully honorable characterization of service.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and the
passage of time. Nevertheless, the Board concluded that these
factors were not sufficient to warrant upgrading your OTH
discharge because of your misconduct and insufficiently high
overall military behavior mark average. You are advised that
no discharge is automatically upgraded due to the passage of
time. In view of the above, 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,
Lean
W. DEAN PFE R
Executive Dinettor
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