DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4560-13
22 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 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
16 September 1974, at age 19. You received nonjudicial
punishment (NJP) on two occasions for failure to go to your
appointed place of duty and wrongful use of marijuana. You were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative discharge processing with a
general under honorable characterization of service due to
substandard performance. On 3 May 1976, you received a general
discharge.
‘Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 2.7. 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, your substandard
performance, inability to adapt to military service 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“due to 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,
DSRS, a
ROBERT D. ZSALMAN
Acting Executive Director
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