DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 5160-03
18 May 2004

MR XXXX

Dear Mr. XXXX:

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 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 11 May 2004. 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 27 September 1973 at age 17. You served without incident until 11 July 1974 when you received nonjudicial punishment (NJP) for two periods of absence from your appointed place of duty. The punishment imposed was restriction and extra duty for 10 days and a $100 forfeiture of pay. About a month later, on 5 August 1974, you received NJP for absence from your appointed place of duty and were awarded a $50 forfeiture of pay and restriction and extra duty for 10 days.

During the period from 24 January to 17 March 1976 you received three more NJPs for dereliction in the performance of your duties, attempt, wrongful possession of another individual’s identification card, and absence from your appointed place of duty.

Subsequently, you were notified of pending administrative separation action by reason of unfitness due to frequent involvement of a discreditable nature with civilian or military authorities. After consulting with legal counsel, you waived your right to present your case to an administrative discharge board in exchange for a recommendation for a general discharge. Your commanding officer then recommended a general discharge by reason of unfitness due to frequent involvement of a discreditable nature with civilian or military authorities. However, the discharge authority directed separation by reason of unsuitability with the characterization of service warranted by your service record. On 26 March 1976 you were issued a general discharge by reason of unsuitability.

Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 2.9. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, post service conduct, and your claim of being singled out by one of your superiors. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct which resulted in five NJPs, and since your conduct average was insufficiently high to warrant an honorable discharge. 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,

	W. DEAN PFEIFFER
Executive Director

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