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NAVY | BCNR | CY2010 | 01579-10
Original file (01579-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
TUR

Docket No: 1579-10
12 November 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 9 November 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 1 August 1972 at age 18 and served

for about five months without disciplinary incident. However,
during the period from 6 January to 16 July 1973 you received
nonjudicial punishment (NUP) on five occasions. Your offenses

were a 20 day period of unauthorized absence, two specifications
of disobedience, misbehavior as a sentinel, and disrespect.

Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to unsuitability.
The discharge authority directed your commanding officer to issue
you a general discharge by reason of convenience of the
government, and on 23 October 1973, you were so discharged. 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 2.0. 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. 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 five NJPs, and
since your conduct average was insufficiently high to warrant a
fully honorable characterization of service. Finally, Sailors
with a record of mis¢dénduct, such as yours, normally receive
discharges und@ex” otHer than honorable conditions, and as such,
jthe Board noted:tHat you were fortunate to receive a general
‘characterization of service. Accordingly, your application has

been denied.

r

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. DEAN PFE
Executive D oO

%

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