DEPARTMENT OF THE.NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10017
ARLINGTON, VA 22204-2490
Docket No: 3140-13
19 February 2014
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 19 February 2014. 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 ‘Navy, Began a period of active duty on 21 January
1977, and served for about six months without disciplinary.
incident. However, during the period from 28 July 1977 to 23
July 1978, you received nonjudicial punishment (NIP) on four
occasions for two specifications of breaking restriction, five
periods of unauthorized absence (UA) totalling 69 days, and two
specifications of missing thé movement of your ship. — oe
Subsequently, after undergoing a psychiatric evaluation, you were -
diagnosed with marked characterological traits. arid recommended
for an administrative separation. On.26 June ‘1978 you wére
notified of pending administrative separation by reason. of |
unsuitability -due to the diagnosed marked characterological
_traits. After waiving your procedural’ rights, on 2 July 1978,
your commanding officer recommended Separation under honorable
conditions by reason of unsuitability, stating in part, that you
-. Were an administrative burden as reflected by your misconduct.
On 14 July 1978 the discharge authority approved this
recommendation and directed a general discharge by reason of
unsuitability, and on 21 July 1978, you were so separated.
At the time of your separation, character of service was based,
in part, on conduct and overall trait averages which were
computed from marks assigned during periodic evaluations. Your
conduct average was 2.2. An average of 3.0 in conduct 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 desire to upgrade your discharge and assertion that you were
promised that ydéur discharge would be upgraded six months after
your separation. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your oo
discharge because of the seriousness of your misconduct which
resulted in four NUJPs and since your conduct average. was.
insufficiently high to warrant a fully honorable characterization
of service. Finally, no discharge is automatically upgraded due
solely to the passage of time or an individual's good post
service conduct. 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, |
ett Bat
ROBERT D. ZSALMAN
Acting Executive Director
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