DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3705-07
ll February 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 7 February 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 10 January 1962 at age 18 and served
without disciplinary incident until 17 January 1963, when you
were convicted by summary court-martial (SCM) of sleeping on post
and sentenced to restriction for 14 days and a $30 forfeiture of
pay. During the period from 20 April to 3 September 1963 you
were convicted by civil authorities of two counts of failure to
appear in court for a vehicle code violation and an outstanding
arrest warrant, and received nonjudicial punishment (NUP) for
wrongful appropriation.
On 17 November 1964 you received NUP for absence from your
appointed place of duty and disobedience. The punishment imposed
was restriction for 10 days. Shortly thereafter, you were
notified of pending administrative separation action by reason of
unfitness and a pattern of misconduct. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 11 December 1964
your commanding officer recommended an undesirable discharge by
reason of unfitness and a pattern of misconduct as evidenced by
shirking and indebtedness. On 6 January 1965 the discharge
authority approved this recommendation but directed separation be
held in abeyance and that you be placed on probational retention.
Subsequently, you were advised that any further misconduct would
result in immediate separation without further notification.
During the period from 23 February to 29 July 1965 you received
multiple letters of indebtedness. On 24 August 1965 you received
NJP for two specifications of wrongful appropriation. As a
result of this continued misconduct while on probation, the
discharge authority directed an undesirable discharge, and on 2
September 1965 you were so separated from the Navy.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as the
passage of time and your youth, desire to upgrade your discharge
so that you may obtain veterans’ benefits, and post service
conduct. It also considered your explanations for your
misconduct. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct in both
the military and civilian communities and continued throughout
your retention probational period. Finally, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. 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,
lx Qn
W. DEAN PFRI®RER
Executive rettor
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