DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00985-12
5 December 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 4 December 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
2 July 1979. During the period from 12 September 1979 to
18 September 1980, you received five nonjudicial punishments
(NJP‘s) for disrespect, two instances of assault, disobedience,
sleeping on watch, and wrongful possession and use of marijuana.
On 31 December 1980, your commanding officer forwarded a
recommendation to separate you from the naval service due to your
diagnosed chronic motion sickness. On 13 February 1981, the
separation authority determined that your request was not
appropriate and directed that you be assigned a limited duty
designator or shore duty. On 4 March 1981, you received a sixth
NJP for an unknown offense. Subsequently, administrative
discharge action was initiated by reason of convenience of the
government due to minor disciplinary infractions. After being
afforded all of your procedural rights, your case was forwarded
recommending that you be discharged under honorable conditions.
The separation authority concurred and directed a general
discharge. On 31 January 1982, you were separated with a
general discharge by reason of convenience of the government due
to your substandard performance.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 2.3. 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 entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant any change in
your discharge given your record of six NUJP’s 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 error or injustice.
Sincerely,
Executive Di
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