DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6090-13
18 June 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 11 June 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
30 dune 1972, at age 17. On 13 April 1973, you were removed
from duties requiring assignment to the Nuclear Weapons
Personnel Reliability Program. On 26 April 1973, you were
counseled for below average performance of duties. You received
nonjudicial punishment (NJP) on two occasions for eight
instances of failure to go to your appointed place of duty.
After your first NUP, 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 1 February 1974, 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 2.6. 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 NUPs, substandard performance,
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,
ROBERT D. ZSALMAN
Acting Executive Director
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