DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 006933-11
2 November 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 1 November 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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
21 January 1978. The Board found that you received two
nonjudicial punishments (NTP’s) for going from your appointed
place of duty, making a false official statement and absence from
your appointed place of duty. Subsequently, administrative
discharge action was initiated by reason of unsuitability.
You elected not to submit a statement and did not objection to
the separation. Your case was forwarded recommending that you be
discharged under honorable conditions by reason of convenience of
the government due to unsuitability. Your commanding officer
stated, in part, that you had created an administrative burden
due to your disciplinary infractions, your performance had been
substandard, and you had not shown improvement to justify further
service. The separation authority concurred and directed that
you receive a general discharge due to unsuitability. You were
so discharged on 21 August 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service would
change automatically after six months. Nevertheless, the Board
found that these factors were not sufficient to warrant a change
in your characterization of service given your two NJP’s,
unsatisfactory performance, and the fact that you elected not to
make a statement and did not object to the separation. Finally,
you are advised that there is no provision of law or in Navy
‘regulations that allows for recharacterization automatically
after six months or due solely to the passage of time.
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,
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