DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3853-12
25 February 2013
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 21 February 2013. 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
18 September 1969 at age 21. On 6 February 1970, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of two days. On 16 March 1970, you were
assigned a mark of 2.6 in Military Behavior, on your enlisted
performance record. Your commanding officer stated in part that
you seemed unable to adapt to service life. You remained on
active duty until 1 July 1971 when you were discharged under
honorable conditions at the expiration of your enlistment.
Characterization of service is based in part on your conduct
mark average computed from marks assigned on a periodic basis.
Your conduct average was 2.9. At the time of your service, a
conduct average of 3.00 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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NUP and failure to attain the required average in
conduct. The Board noted that you were issued a Certificate of
Discharge or Release from Active Duty (DD Form 214) with the
characterization of service as “honorable”. On 13 September
1974 you were issued a DD Form 215 which corrected the
characterization of your service to “under honorable
conditions”. 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,
W. DEAN PF
Executive D
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