DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD
ARLINGTON, VA 22204
SON
Docket No: 03076-1121
10 January 2012
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 5 January
2012. 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 active duty on 4 April 1972. The
Board found that you received five nonjudicial punishments (NUP’s) for
two instances of disobedience, absence from your appointed place of
duty, and two instances of wrongful possession of Marijuana. You were
also the subject of a psychiatric evaluation, which diagnosed a
character and behavior disorder.
You were notified of pending administrative separation action by
reason of convenience of the government due to the diagnosed character
disorder. You were afforded all of your procedural rights including
the opportunity to submit a statement on your behalf. On 24 August
1973, the commanding general directed your separation by reason of
unsuitability with a general discharge. You were so discharged on
that same day.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic basis.
Your conduct average was 3.8. At the time of your service, a conduct
average of 4.0 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, record of service,
post service accomplishments, and contention that you were the victim
of discriminatory treatment. Nevertheless, the Board found that these
factors and contention were not sufficient to warrant a change in your
characterization of service given your five NUJP’s, two of which
involved the wrongful possession of marijuana, the diagnoses of a
character and behavior disorder, and your failure to attain the
conduct average required for an honorable discharge. Concerning your
contention of discriminatory treatment, there is no evidence in the
record to support it, and you submitted no such evidence.
Recordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
With regard to your paygrade, the record shows that on 19 duly 1973,
you received NIP for possession of marijuana. As part of your
punishment, you received a reduction in paygrade from E-2 ta E-1l. You
appealed that NUP and the reduction to paygrade E-2 was suspended for
a period of six months on 17 August 1973. However, on 20 August 1973,
prior to you receiving a second NUP for wrongful possession of
marijuana, your commanding officer vacated the suspended reduction in
paygrade to E-1 awarded on 19 July 1973 due to continued misconduct.
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,
Lug t
W. DEAN PFEYFP
Executive etto
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