DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 14-09
1 October 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 30 September 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 13 December 1979. On 28 December 1979, you
were granted a waiver for pre-service drug abuse. You were
counseled and warned that further drug abuse could result in
administrative separation. You received nonjudicial. punishment
on three occasions for two instances of wrongful possession of
marijuana, three instances of disobeying a lawful order,
assault, and wrongful appropriation of a military
identification card. On 13 February 1982, you were notified of
pending administrative separation action due to substandard
performance or an inability to adapt to military service. You
waived all of your procedural rights. On 18 March 1982, you
received a general discharge for being a burden to your command
due to substandard performance or an inability to adapt to
military service, and were assigned an RE-4 reenlistment code.
Characterization of service is based in part on military
behavior marks assigned on a periodic basis. Your overall
military behavior mark average was 2.6. A 3.0 military
behavior mark average was required 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
allegation of being discharged over a “single incident.”:
Nevertheless,*-the Board concluded that these factors were not
sufficient to warrant upgrading your general discharge because
ef your numerous acts of misconduct and insufficiently high... .
military behavior mark average. The Board concluded that you. ~
-were fortunaté to have received a general discharge, since many
Sailors receive other than honorable discharges for such
misconduct. 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,
W. DEAN PFESF
Executive Ditector
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