DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 7918-10
6 April 2011
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 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 30 April 1974. Your
record is incomplete, but on 21 January 1975, you were
convicted at a special court-martial of a 93 day period of
unauthorized absence. On 14 March 1975, you received a general
discharge due to unsuitability - inaptitude, and were assigned
an RE-4 (not recommended for retention) reenlistment code.
4h is
Characterization of service is based in part on overall trait
marks assigned on a periodic basis. Your overall trait average
was 2.0. A 3.0 overall trait average was required for a fully
honorable discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
marital problems. However, the Board concluded that your
discharge should not be changed due to your misconduct and
insufficiently high overall trait average. The Board believed
that you were fortunate to receive a general discharge, since
individuals who have committed misconduct such as yours
normally recefite an other than honorable characterization of
service. Ineview of the above, your application has been
denied. The namés 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 Boardfreconsider 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 PF]
Executive
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