DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
707 8, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SoN
Docket No: 03700-11-
1 February 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 . A
application on 31 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 a period of active duty on
4 January 1972. The Board found that between 11 November 1973
and 19 December 1975, you received six nonjudicial punishments
(NJP‘s) for two periods of unauthorized absence (UA), four
instances of disobedience, dereliction of duty, wrongful
possession of marijuana, and resisting apprehension.
Additionally, you were convicted by two summary courts-martial
(SCM's) of three periods of UA and disobedience. You remained
on active duty until you were discharged under honorable
conditions on 16 January 1976.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.9. At the time of your
service, a conduct average of 3.0 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, Vietnam
service, character letters, and desire to upgrade your
‘characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
characterization of service given your six NUP's, SCM
convictions, 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 érror or injustice. 3 ‘
Sincerely,
Last
W. DEAN PFE
Executive D r
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