DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03944-07
4 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 24 January 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 1 September 1967 at age 17. On
8 March 1968, you were convicted by summary court-martial (SCM)
of a 29-day period of unauthorized absence (UA). On 19 March
1968, you received nonjudicial punishment (NUP) for a brief
period of UA. On 26 August 1968 and 14 April 1969, you were
convicted by special court-martial (SPCM) of three periods of UA
totaling 71 days and breaking restriction.
On 10 July 1969, you were processed for an administrative
discharge by reason of unfitness. You elected to waive the
rights to have your case heard by a board of officers. On
17 July 1969 your commanding officer recommended an undesirable
discharge by reason of unfitness. On 25 July 1969 the discharge
authority directed an undesirable discharge. You were so
discharged on 5 August 1969.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and the reason you
provided for your misconduct. Nevertheless, the board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of NUP, conviction by SCM and
two SPCM convictions for offences that included over two months
of UA. Further, you waived the right to have your case heard by
a board of officers, your best chance for retention or a better
characterization of service. 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 PEED
Executive Di
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