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

				    CRS
Docket No: 3878-06
3 May 2007

	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 2 May 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Navy on 6 February 1980. The record reflects that you received two nonjudicial punishments. The offenses included dereliction of duty and failure to go to your appointed place of duty. On 13 October 1983 a medical evaluation board diagnosed you as having a mild chondromalacia of the left patella. Subsequently, on 27 August 1984 you were separated under honorable conditions by reason of expiration of active obligated service.

Character of service is based, in part, on one’s conduct and overall traits averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and overall trait averages were 2.3 and 2.9, respectively. A minimum average conduct mark of 3.0 was required for a fully honorable characterization of service at the time of separation.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and your contention that your knee injury caused you harsh treatment. The Board concluded that those factors were insufficient to warrant recharacterization of your service, given your two disciplinary actions as well as the fact that your conduct average was insufficiently high to warrant a fully honorable discharge. Based on the foregoing, the Board concluded that no change to the discharge is warranted. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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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 PFIEFFER
							Executive Director

Copy to:	Disabled American Veterans

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