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NAVY | BCNR | CY2013 | NR963 13
Original file (NR963 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. GOURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 963-13

16 October 2013

 

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 16 October 2013. 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. The Board also considered the report
of the Naval Discharge Review Board dated 25 May 1971, and an

entitlement to awards summary dated 10 December 2012, copies of
which are attached.

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was

insufficient to establish the existence of probable material
error or injustice.

You enlisted in the Navy and entered active duty on 30 November
1964. You received nonjudicial punishment on four occasions and
were convicted by a summary court-martial. Your offenses
included unauthorized absence (four instances totaling 17 days),
disobeying a lawful order, disrespect (two instances), failure
to obey a lawful order, missing the movement of your ship, and
breaking restriction. On 2 June 1966, you were diagnosed with a
schizoid personality disorder which existed prior to your
enlistment. You were then administratively processed for
separation due to your diagnosed personality disorder with a
type warranted by service record characterization of service.
On 7 July 1966, you were discharged from active duty with a
general characterization of service due to unsuitability.

Character of service is based in part on conduct marks assigned
on a periodic basis. Your conduct mark average was 2.0. A 3.0
conduct mark average was required for a fully honorable
characterization of service.

The Board substantially concurred with the entitlement to awards
summary that you are not entitled to the Vietnam Campaign Medal.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct and insufficiently high conduct mark
average. The Board believed you were fortunate to receive a
general characterization of service, since Sailors who have
committed misconduct such as yours normally receive other than
honorable discharges. You are advised that no discharge is
automatically upgraded due merely to the passage of time or post
service good conduct. In view of the above, 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,

LaSto.3

W DEAN PFEI
Executive D r

 

Enclosures

Copy to:
The Honorable Betty Sutton

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