DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11438-10
3 August 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 20 July 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 and began a period of active duty on
6 September 1977 at age 20. You received nonjudicial punishment
on five occasions for three instances of unauthorized absence
(UA) from your unit for periods totaling five days, misbehavior
as a sentinel and dereliction in the performance of duty. You
remained on active duty until 6 May 1977 when you were discharged
under honorable conditions at the expiration of your enlistment .
Characterization of service is based in part on conduct mark
averages computed from marks assigned on a periodic basis. Your
conduct average was 2.80. At the time of your service, a conduct
average of 3.00 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
overali 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 a five NUPs 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.
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 Sy
Executive Dil r
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