DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5557-07
28 January 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 23 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.
On 29 May 1968, you enlisted in the Navy at age 18. On
11 December 1969, you had nonjudicial punishment (NUP) for a
brief period of unauthorized absence (UA) and disobedience of a
lawful order. On 12 January 1970, you were apprehended by
Civilian authorities and held for four hours for illegal
consumption of alcohol. On 16 February 1970, you had NUP for
another brief period of UA. You were also counseled regarding
deficiencies in your performance and conduct and warned that
further infractions could result in administrative separation.
On 28 March 1970, you began another UA that ended on
19 June 1975, when you were apprehended by civilian authorities.
On 7 July 1975, you requested an undesirable discharge for the
good of the service to avoid trial by court-martial for the 1,909
day period of UA. On 24 July 1975, the separation authority
denied your request. On 4 August 1975, you were convicted by a
special court-martial of the 1,909 day period of UA. The court
sentenced you to confinement at hard labor, reduction in rank,
forfeitures of pay, and a bad conduct discharge (BCD). On
25 November 1975, clemency was denied. After the BCD was
approved at all levels of review, on 16 January 1976, you were so
discharged.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board found
that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your lengthy UA, specifically, more than five years.
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,
LS Saates
W. DEAN PF
Executive Dirackdar
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