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NAVY | BCNR | CY2009 | 04927-09
Original file (04927-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SON
Docket No: 04927-09
19 April 2010

 

for correction of your

This is in reference to your application
f title 10 of the United

naval record pursuant to the provisions o
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 April 2010. 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 and began a period of active duty on

11 August 1965 at age 18. On 11 August 1966, you received
nonjudicial punishment (NTP) for absence from your appointed
place of duty. You remained on active duty until 19 August 1967,
when you were released under honorable conditions from active
duty at the expiration of your enlistment and transferred to the
Navy Reserve. At that time, you were not recommended for
retention due to low performance marks. On 6 July 1970, you were
discharged at the completion of your military obligation based on

your conduct marks.

Characterization of service is based in part on conduct averages

computed from marks assigned on a periodic basis. Your conduct
average was 2.8. At the time of your service, a conduct average

of 3.0 was required for a fully honorable characterization of
service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and service in Vietnam. Nevertheless, the Board
concluded these factors were not sufficient to warrant upgrading
your discharge given the NJP and your failure to attain the
required average in conduct. 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,

Ld Woas

W. DEAN PFE
Executive D

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