DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8805-98
15 July 1999
Dear Sailing
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 7 July 1999. 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.
The Board found you enlisted in the Navy on 8 November 1968 at
the age of 18. Your record reflects that on 12 February 1969 you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty. The punishment imposed was correctional
custody for three days. On 24 September 1969 you were convicted
by special court-martial (SPCM) of a 40 day period of
unauthorized absence (UA). You were sentenced to confinement at
hard labor for two months, forfeitures totalling $160, and
reduction to paygrade E-1.
Your record further reflects that on 22 January 1970 you were
convicted by summary court-martial (SCM) of a 13 day period of
UA. You were sentenced to forfeitures totalling $50 and
reduction to paygrade E-1. Shortly thereafter, on 4 March 1970,
you were convicted by SPCM of an 18 day period of UA. You were
sentenced to confinement at hard labor for a month and
forfeitures totalling $70. On 10 March 1970 you were notified of
pending administrative separation action by reason of misconduct
due to frequent involvement of a discreditable nature with
Civilian or military authorities. At this time you waived your
rights to consult with legal counsel and to present your case to
an administrative separation board. On 31 March 1970 your
commanding officer recommended you be issued an other than
honorable discharge by reason of misconduct. Subsequently, the
discharge authority approved the foregoing recommendation and
directed an other than honorable discharge. On 22 April 1970 you
were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you would like
your discharge upgraded. The Board further considered your
contention that your benefits were arbitrarily taken away.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge given the
seriousness of your frequent and lengthy periods of UA from the
Navy which resulted in three court-martial convictions. Given
all the circumstances of your case, the Board concluded your
discharge was proper and no change is warranted. 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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