DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5364-10
11 February 2011
es ee
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 9 February 2011. 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
jj USE LEE.
You enlisted in the Navy and began a period of active duty on
26 February 1966 at age 18. On 16 November 1966, you received
nonjudicial punishment (NOP) for assault. On 30 March 1967, you
were the subject of a Physical Evaluation Board hearing that
found that you had syncope due to post concussion syndrome, a
condition that impaired your ability to function effectively in
the naval environment. You were notified of pending
administrative separation action by reason of physical
disability. Your commanding officer directed your separation
under honorable conditions and you were so discharged on
15 May 1967.
Characterization of service is based in part on trait mark
averages computed from marks assigned on a periodic basis. Your
conduct average was 2.8. 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 application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given your misconduct and
insufficiently high conduct mark average. 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 injustiee.
Sincerely,
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