DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 6831-09
10 dune 2010
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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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 24 March 1967 at age 19 and began a
period of active duty on 19 July 1967. you served for nearly a
year without disciplinary incident, but on 27 June 1968, you
received nonjudicial punishment (NIP) for dereliction of duty. A
year later, on 20 June 1969, you received NJP for failure to obey
a lawful order by purchasing cigarettes at a military facility
for a civilian.
On 1 April 1971 you were released from active duty under
honorable conditions. On 25 March.1973, you were discharged
under honorable conditions, at the expiration of your enlistment.
At the time of your discharge, character of service was based, in
part, om conduct and overall trait averages which were computed
from marks assigned during periodic evaluations. Your conduct
average was 2.8. However, an average of 3.0 in conduct was
required at the time of your discharge for a fully honorable
characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, passage of time, and desire to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in two NUPs, and since your conduct
average was insufficiently high to warrant a fully honorable
characterization of service. Finally, Sailors with a record of
misconduct normally receive discharges under other than honorable
conditions, and as such, the Board noted that you were fortunate
to receive a general characterization of service. Accordingly,
your application has been denied.
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,
\Reas ,
W. DEAN PFS
Feecutive
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