DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 09684-09
18 June 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 16 June 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 on 25 November 1975, at age 17. On
2 April 1976, you received nonjudicial punishment (NJP) for being
in an unauthorized absence (UA) status for ten days. On 22 June
1976, you received NJP again, for being UA for a period of 21
days. On 7 July 1976, you were evaluated by a psychiatrist. You
disclosed the fact that you were a homosexual and had been for
approximately five years, and that you were having difficulty
continuing to cover it up. As a result of this evaluation you
were processed for an administrative discharge with the type
warranted by your service record by reason of unfitness as
evidenced by your own admission. You then elected to waive the
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 19 July
1976, your commanding officer forwarded his recommendation to
Separate you by reason of unfitness with a general discharge. On
26 July 1976, the separation authority directed that you be
separated with a general discharge by reason of unfitness. You
were so discharged on 30 July 1976.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. You conduct average was 2.8. A
3.0 conduct average was required at the time of your separation
for a fully honorable discharge.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your youth, and
immaturity. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your insufficiently high conduct mark average. The Board
noted that you waived your right to an ADB, your best opportunity
for a better characterization of service. The Board concluded
your discharge was proper as issued and no change is warranted.
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,
\perrx
W. DEAN PFE
Executive D
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