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NAVY | BCNR | CY2013 | NR8350 13
Original file (NR8350 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 §. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490

 

BAN
Docket No.NRO8350-13
22 September 2014

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 28 August 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 on 29 January 1970. After eight months
of service, you were diagnosed by a health professional as being
emotionally unstable. Therefore, you were recommended for type
warranted by service record separation due to unsuitability. The
separation authority approved the recommendation and on 1 October
1970, you received a general discharge and an RE-4 (not
recommended for retention) reenlistment code.

Character of service is based, in part, on conduct marks assigned
on a periodic basis. Your conduct mark average was 2.5. A 3.0
conduct mark average was required for a fully honorable
discharge.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you were told that in six months your
Docket No.NRO8350-13

discharge would be automatically upgraded to a honorable
characterization of service. Nevertheless, the Board concluded
these. factors were not sufficient to warrant changing your
characterization of service due to your insufficiently high .
conduct average. You are advised that no discharge is upgraded
automatically due merely to the passage of time or post service

- good conduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished

upon request .

.Tt is regretted that ,the circumstances of your case are such that

yfavorable action gannot be taken. You are entitled to have the

“Board reconsider ‘its, decision upon submission of new evidence
within one year from the date of the Board's decision. New
evidence is evidence not previously considered by the Board prior
to making its decision in this case. 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 J. O'NEILL
Executive Director

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