DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 9508-02
8 September 2003
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 3 September 2003.
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 5 December 1967 at age 17 and served
for a year and three months without disciplinary incident.
However, during the period from 19 March to 12 August 1969 you
were in an unauthorized absence (UA) status on two occasions for
a total of 93 days.
you were convicted by special court-martial (SPCM) of the
foregoing periods of UA.
hard labor for four months,
forfeiture of pay, and a bad conduct discharge (BCD).
Subsequently, you submitted a written request for immediate
execution of the BCD.
of review, on 16 December 1969 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
contention that the discharge was incorrect and unjust.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your
You were sentenced to confinement at
paygrade E-l, a $328
About a month later, on 17 September 1969,
service in Vietnamese waters, and your
reduction to
After the BCD was approved at all levels
Accordingly, your
discharge because of your repetitive and lengthy periods of UA
which resulted in a court-martial conviction.
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,
2
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