DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 13120-08
30 August 2010
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 25 August 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 11 January 1965 at age 18. At the
time of your enlistment you had completed nine years of formal
education. Your general classification test (GCT) score was 37
which put you in Mental Group IV. You served on active duty for
a period of 1 year 9 months and 16 days. You received
nonjudicial punishment (NJP) on four occasions for assault, two
instances of dereliction of duty, insubordinate conduct and
unauthorized absence (UA) from your unit for a period of two
days. You were notified of pending administrative discharge
processing for the convenience of the government. On 28 October
1966 your commanding officer approved and directed your
separation due to convenience of the government with the type of
Gischarge warranted by the service record. You were discharged
under general conditions based on your conduct mark average.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.2. 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, immaturity, limited education and low test scores.
Nevertheless, the Board concluded these factors were not
sufficient to warrant upgrading your discharge given the four
NJPs and since your conduct average was insufficiently high to
warrant an honorable discharge. Concerning your assertion of
racial prejudice, there is no indication in the record that such
problems, if they existed at the time of your service, were so
serious as to excuse you of responsibility for your actions or
were sufficiently mitigating to warrant recharacterization.
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,
Lo dea
W. DEAN PFENF
Executive xX oO
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