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

    TJR
										Docket No: 7586-07 
										18 June 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 17 June 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 11 August 1971 at age 17. At the time of enlistment you had completed 10 years of formal education and had a general classification test (GCT) score of 56, which placed you in Mental Group III.

You served for seven months without disciplinary incident, but on 18 March and again on 7 April 1972, you received nonjudicial punishment (NJP) for two specifications of drunk and disorderly conduct, using provoking speech and gestures, and failure to obey a lawful order by drinking alcoholic beverages aboard ship. On 20 and 26 July 1972 you were convicted by summary court-martial (SCM) of two periods of unauthorized absence (UA) totalling 26 days and two specifications of missing the movement of your ship.

Subsequently, you were notified of pending administrative separation action by reason of convenience of the government because of your low scores and repetitive misconduct. At that time you did not object to the separation and waived your right to submit a statement of rebuttal to the separation. On 14 August 1972 your commanding officer recommended separation under
honorable conditions by reason of convenience of the government due to unfitness as evidenced by your low scores and repetitive misconduct. The discharge authority approved this recommendation and on 20 September 1972 you received a general discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that you were not aware of what you were signing at the time of your discharge. It also considered your post service conduct and the passage of time. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct, which resulted in two NJPs and two court-martial convictions. Further, there is no provision in the law or regulation that allow for discharge recharacterization due solely to the passage of time or an individual’s good post service conduct. 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