DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9546-09
16 July 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 July 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 Reserve on 21 August 1973 at age 18.
You served for about nine months without disciplinary incident,
however, during the period from 9 May 1974 to 18 June 1976, you
received nonjudicial punishment (NUP) on five occasions for four
periods of unauthorized absence totalling seven days, two
specifications of disobedience, failure to obey a lawful order,
communicating a threat, and assault.
On 23 August 1976, while serving in paygrade E-3, you were
released from active duty under honorable conditions and
transferred to the Naval Reserve. On 23 August 1979, at the
expiration of your enlistment, you were issued a general
discharge. At the time of your discharge, character of service
was based, in part, on conduct and overall trait averages which
were computed from marks assigned during periodic evaluations.
Your conduct average was 2.7. 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 and desire to upgrade your discharge. It also
considered your documents referencing post traumatic stress
disorder (PTSD) and serving in the Republic of Vietnam. It
further considered your assertion of entitlement to a Vietnam
Service ribbon. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted in five NUJPs, and since your conduct average was
insufficiently high to warrant a fully honorable characterization
of service. Further, 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. Finally, there
is no evidence in the record, and you provided none, to support
your assertion of entitlement to a Vietnam Service ribbon.
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,
W.
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