DEPARTMENT OF THE NAVY
BOARDFORCORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10232-02
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 19 November 1965 at age 17.
On 31
August and again on 28 December 1966 you received nonjudicial
punishment (NJP) on two occasions for a total of two days of
unauthorized absence (UA).
On 21 February 1967 you received NJP
for absence from your appointed place of duty and were awarded a
$36 forfeiture of pay and restriction for 10 days. On 27
September 1967 you were convicted by summary court-martial (SCM)
of two periods of UA totalling three days and absence from your
appointed place of duty.
You were sentenced to a $50 extra duty
and restriction for 45 days.
On 3 January 1968 you received your fourth NJP for a one day
period of UA and were awarded a reduction to
paygrade E-2.
Shortly thereafter, on 11 January 1968, you were notified of
pending administrative separation action by reason of unfitness.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board.
On 16 January 1968 you received NJP for a two day period of UA.
The punishment imposed was confinement on bread and water for
three days and a $25 forfeiture of pay.
the discharge authority directed
Nevertheless, the Board
on 5 November 1968, you received NJP for making
Subsequently, your commanding officer recommended you be issued
an undesirable discharge by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
On 6 February 1968 the discharge authority approved this
recommendation, however, on 13 February 1968, the discharge was
suspended for a 12 months provided that you were not involved in
any further disciplinary incidents.
Approximately nine months
later,
unauthorized telephone calls valued at $66.95.
The punishment
imposed was restriction for 30 days and a $50 forfeiture of pay.
As a result of this misconduct,
that the previously approved undesirable discharge be executed,
and on 3 January 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.
The Board further considered your
request for an explanation of your reason of separation, which
was unfitness due to your frequent involvement of a discreditable
nature with military authorities.
concluded recharacterization of your discharge was not warranted
because of your repetitive misconduct which resulted in six
NJPs
and a court-martial conviction.
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.
2
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