DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3862-13
21 March 2014
This is in reference to your application for correction of your
haval 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 19 March 2014. 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
14 August 1970, at age 17. On 28 January 1971, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of three days. On 23 June 1971, you
received NUP for UA from your unit for a period of four days.
On 5 August 1971 you were convicted by special court- martial
(SPCM) of UA from your unit for a period of 11 days. The
sentence imposed was confinement at hard labor and extra duties.
You were the subject of a psychiatric evaluation that diagnosed
you with an immature personality disorder. ‘During the
evaluation you stated in part, that you wanted out of the Navy.
On 19 October 1971, you were notified of pending administrative
separation action by reason of unsuitability due to the
diagnosed personality disorder. You were afforded all of your
procedural rights including the opportunity to submit a
statement on you behalf. On 8 November 1971, you received a
general discharge for unsuitability.
Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 2.0. A 3.0
conduct mark average was required for a fully honorable
discharge.
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 a change in your
characterization of service given the seriousness of your
-Misconduct that resulted in two NJPs, an SPCM, diagnosed
personality disorder and insufficiently high conduct mark
average. The Board believed that you were fortunate to receive
a general discharge since a separation under other than
honorable conditions is often directed when a Sailor is
separated with frequent disciplinary infractions. Finally,
there is no provision of law or in Navy regulations that allows
for recharacterization of service due solely to the passage of
time. 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,
RD
ROBERT D, ZSALMAN
Acting Executive Director
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