DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12014-10
28 July 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 28 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 on 18 June 1965, and served without
disciplinary incident until 17 February 1966, when you received
nonjudicial punishment (NJP) for four specifications of
unauthorized absence (UA). Shortly thereafter, on 27 April 1966,
you were convicted at a special court-martial of UA. You
received a mental health evaluation that deemed you emotionally
unstable for military service and recommended separation.
Therefore, you were recommended for administrative separation
with a general discharge due to unsuitability. You waived your
right to consult with counsel and an administrative discharge
board (ADB). The separation authority approved the separation
recommendation and on 20 May 1966, you were separated due to
unsuitability with a general discharge and an RE-4 (not
recommended for retention) reenlistment code.
Characterization of service is based, in part, on trait marks
assigned on a periodic basis. Your overall trait average was
2.0. A 3.0 overall trait average was required for fully
honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you had a head injury that affected
your performance while in service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge, remove lost time from your
record, or have your pay grade restored because of your
misconduct and insufficiently high overall trait average.
Accordingly, your application has been denied. The Board
believed you were fortunate to receive a general characterization
of service, because individuals who are separated for misconduct
such as yours normally receive other than honorable discharges.
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,
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