DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN :
Docket No: 8882-13
1 October 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 30 September 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
6 August 1974. The Board found that on 24 February and
26 duly 1975, you received nonjudicial punishment (NJP) for five
days of unauthorized absence, missing ship’s movement, wrongful
use of barbiturates, and being incapacitated for the proper
performance of duty. Subsequently, administrative discharge
action was initiated by reason of unsuitability dué to your
imaptitude and defective attitude. After being afforded all of
your procedural rights, you were involuntarily separated with a
general discharge due to inaptitude.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 2.6. At
the time of your service, a conduct average of 3.0 was required
for a Lully honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments and character letters.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service given your two NUJP’s and failure to attain the required
average in conduct. Additionally, at the time of your service, a
general discharge was routinely issued to service members
discharged due to inaptitude. 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 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 your 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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