DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7352-10
29 March 2011
n
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 23 March 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
injustice:
You enlisted in the Navy Reserve and began a period of active
duty on 28 August 1974 at age 19. You received nonjudicial
punishment (NJP) on four occasions for two instances of
unauthorized absence (UA) from your unit for periods totaling 13
days, failure to go to your appointed place of duty, failure to
obey a lawful order and sleeping on post. You remained on active
duty until 6 June 1975 when you were discharged under honorable
conditions after completing your active duty for training based
on your conduct mark average.
Characterization of service is based in part on conduct 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 recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NUJPs and failure to attain the required average
in conduct. 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.
‘Cansequently, whéngapplying for a correction of an official naval
trecord, the burden*®is on the applicant to demonstrate the
*existence of probable material error or injustice.
%
Pa Sincerely,
;
oe Pp
Executive ctor
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