DEPARTMENT OF THE NAVY
				BOARD FOR CORRECTION OF NAVAL RECORDS 
						2 NAVY ANNEX
						WASHINGTON DC 2O37O-5100	

								TJR
										   Docket No: 7044-07 
										   22 May 2008

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 20 May 2008. 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 12 August 1976 at age 18. You served for one year and six months without disciplinary incident, but on 14 February and again on 11 August 1978, you received nonjudicial punishment (NJP) for absence from your appointed place of duty and failure to go to your appointed place of duty.

On 22 September 1978 you submitted a written request for an administrative separation due to being a conscientious objector. On 4 October 1978 your commanding officer recommended your request be approved. About a month later, on 8 November 1978, you received your third NJP for wrongful possession of marijuana. The punishment imposed was restriction and extra duty for 45 days, a reduction in paygrade, and a $512 forfeiture of pay. Shortly thereafter, on 26 November 1978, an investigative review board recommended your request for discharge be approved, stating in part, that it was your moral belief that you could not kill. On 21 December 1978, during an interview regarding your request for discharge, you further requested that you be issued an honorable discharge.
On 20 January 1979 your commanding officer was provided a summary of the 26 November 1978 investigation and the 21 December 1978 interview with you. This summary stated, in part, as follows:

(Member) claims that he has not always been a conscientious objector. His beliefs are the result of reading and personal private mediation. He claims his belief in nonviolence was newly developed when he learned about the dangers and horrors of radiation and nuclear weapons. He believes in reincarnation and could not kill or harm anyone because it would cause him to return as an animal of a lower form. He believes the human body is important and should not be contaminated, however, he does not object to the use of drugs. He claims the military is an unhealthy environment and that when he entered (the Navy) he did not understand his obligation. He is tired of people running his life and desires to live a less restrictive life. He believes society and government are harmful and create unnecessary competition which leads to conflict. He states that he will go to Federal court if his application is disapproved.

On 22 January 1979, as a result of the foregoing, you were advised of and acknowledged nonentitlement to benefits administered by the Department of Veterans Affairs if discharged as a conscientious objector.

Subsequently, on 22 April 1979, the discharge authority approved your request and directed separation under honorable conditions by reason of conscientious objection, and on 27 April 1979 you were issued a general discharge.

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 2.8. 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 desire to upgrade your discharge. it also considered your assertion that the only reason you received a general discharge was because of your being separated as a conscientious objector. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of your misconduct, which resulted in three NJPs and included drug abuse, and since your conduct average was insufficiently high, to warrant an honorable discharge. Accordingly, your application has been denied.

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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