DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
_ ARLINGTON, VA 22204-2490
TAL
Docket No: 4422-13
16 April 2014
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 9 April 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 ail 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
11 February 1980 at age 19.° On 5 February 1991, you received
' nonjudicial punishment (NUP) for insubordinate conduct toward a
noncommissioned officer and failure to obey a lawful written
regulation. Based on the information currently contained in
your record it appears that you were subsequently voluntarily
processed for separation by reason of convenience of the .
government. In connection with this processing, you would have
acknowledged the separation action and the separation authority
would have approved a recommendation for separation. The record
Clearly shows that on 18 October 1982, you were discharged with
a general characterization of service by reason of convenience
of the government (pregnancy).
Characterization of service is based in part on your conduct
mark average computed from marks assigned on a periodic basis.
Your conduct average was 2.8. 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 concluded
these factors were not sufficient to warrant-recharacterization
of your discharge given your misconduct and failure to attain
the required average in conduct. 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 préviously 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,
RNA, Amn,
ROBERT D>—ZSALMAN
Acting Executive Director
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