DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
1
TOR
Docket No: 10975-10
20 July 20131
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 19 July 2011. 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 20 February 1967 at age 18 and served
for nearly a year without disciplinary incident. However, on 9
February 1968, you were convicted by summary court-martial (SCM)
of theft of $13. You were sentenced to a $50 forfeiture of pay,
confinement at hard labor for 30 days, and reduction to paygrade
E-1.
During the period from 26 August 1969 to 1 September 1970 you
were repeatedly counselled and received adverse marks because of
your substandard performance and appearance.
Subsequently, on 2 November 1970, you were released from active
duty under honorable conditions and transferred to the Navy
Reserve. On 19 March 1973, at the expiration of your enlistment,
you were issued a general discharge. 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 2ge eae oes these factors were not sufficient to warrant
* reche See eS Lon" of your discharge because of. the seriousness
“of your misconduct, which resulted in a SCM and repeated
counselling, and since your conduct average was insufficiently
-. high to warrant a fully honorable characterization of service.
Finally, Sailors with a record of misconduct and substandard
performance, such as yours, normally receive discharges under
other than honorable conditions, and as such, the Board noted
that you were fortunate to receive a general characterization of
service. Accordingly, your application has been denied.
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,
by
W. DEAN PFRIEF
Executive r
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