DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3189-11
23 January 2012
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 18 January 2012. 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 Naval Reserve on 15 March 1974 at age 18 and
began a period of active duty on 10 July 1974. You served for
nearly eight months without disciplinary incident, however,
during the period from 10 October to 31 December 1974, you
received nonjudicial punishment (NJP) on three occasions for six
periods of absence from your appointed place of duty, failure to
obey a lawful order, three specifications of disobedience, and an
unspecified offense.
On 1 May 1975 you received your fourth NUP for two periods of
absence from your appointed place of duty and were awarded a $100
forfeiture of pay, restriction for 30 days, and extra duty for 10
days. Subsequently, you were processed for an administrative
separation by reason of unfitness due to frequent involvement of
a discreditable nature with military authorities. After waiving
your procedural rights to consult with legal counsel and to
present your case to an administrative discharge board (ADB), on
10 June 1975, your commanding officer recommended you be issued a
general discharge by reason of unfitness. The discharge
authority approved this recommendation and directed separation
under honorable conditions by reason of unfitness. On 17 June
1975, while serving in paygrade E-1, you were issued a general
discharge by reason of unfitness and assigned an RE-4
reenlistment code.
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 the characterization of your
general discharge. It also considered your assertion that you
should have received a medical discharge because of an injury you
received while aboard your ship. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your general discharge because of the
seriousness of your misconduct, which resulted in four NJPs.
Further, Sailors with an extensive record of misconduct, 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. Finally, there
is no evidence in the record, and you submitted none, to support
you assertion. _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,
\o Nos
W. DEAN PFE
Executive Dir or
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