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NAVY | BCNR | CY2010 | 07973-10
Original file (07973-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 07973-10
19 Apral 2011

 

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 13 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 the evidence submitted was insufficient
to establish the existence of probable material error or

Li eatice.

You enlisted in the Navy Reserve and began a period of active
duty on 28 February 1975. On 10 July 1975, you received
nonjudicial punishment (NJP) for being in an unauthorized absence
(UA) status for eight days. Your record is incomplete, but
apparently, you were administratively separated for the
convenience of the government with a type warranted by service
record characterization. On 21 August 1975, you received a
general discharge for the convenience of the government and were
assigned an RE-4 (not recommended for retention) reenlistment
code.

Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 2.8. A 3.0
conduct mark average 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 immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of one NUP for misconduct
and insufficiently high conduct average. The Board also noted
that you were fortunate to receive a general discharge Since a
separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished

upon request.

Prt is regretted that,the circumstances of your case are such that
yfavorable action®canhot 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 Di

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