DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
BUG
Docket No: 10855-08
26 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 25 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 19 May 1964. You received nonjudicial
punishment (NUP) on four occasions for four instances of
unauthorized absence totaling about 13 days. On 23 June 1966,
you were convicted by civil authorities for driving without a
license. You were recommended for a general discharge due to
unfitness. You waived all of your rights, including the right
to an administrative discharge board (ADB). The separation
authority approved your commanding officer’s recommendation.
On 5 January 1967, you received the general discharge due to
unfitness.
Character of service is based in part on trait marks assigned
on a periodic basis. Your overall trait average was 2.86. You
needed a 3.0 overall trait 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, family
problems, and post service good conduct. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant changing your general discharge because of your
numerous acts of misconduct and insufficiently high overall
trait average. The Board noted that you waived your right to
an ADB, your best opportunity for retention or a better
characterization of service. 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,
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