DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 747-10
13 October 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 5 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Navy on 9
February 1978. You received nonjudicial punishment on three
occasions in one month while at recruit training for
unauthorized absence (two specifications totaling four days),
disobeying a lawful order, disrespect, and willfully violating
a regulation. You were notified that your commanding officer
was recommending you for administrative separation due to
unsuitability with a type warranted by your service record
characterization. You received a general discharge under
honorable conditions due to unsuitability on 18 April 1978.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current medical problems. However, the Board concluded that
your discharge should not be changed because of your
misconduct. The Board concluded that you were fortunate to
receive a general characterization of service, because
individuals who are separated for misconduct such as yours
normally receive an other than honorable discharge. The Board
noted that to he eligible for veterans’ benefits, an individual
must have served on active duty a minimum of 180 days. In view
of the above, 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,
Executive Birector
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