DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7433-07
24 April 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 April 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 31 August 1960, you enlisted in the Navy at age 18. During
the period 19 May 1961 to 5 February 1964, you had seven
nonjudicial punishments (NJP's) and were convicted by a special
court-martial. Your offenses included five instances of
unauthorized absence totaling about 35 days, failure to obey a
lawful order, resisting apprehension, breaking restriction,
disorderly conduct, and missing the movement of your ship.
On 19 June 1964, your commanding officer initiated
administrative separation by reason of unfitness and
misconduct. In connection with this processing, you
acknowledged that separation could result in an undesirable
discharge (UD), waived the right to have your case heard by an
administrative discharge board (ADB), and submitted a statement
“requesting retention. On 16 July 1964, the separation
authority approved the separation recommendation and directed a
UD by reason of unfitness, but suspended the UD and placed you
on 12 months of probation. On 3 August 1964, you had NUP for a
brief period of UA. On 3 August 1964, you also signed a
service record entry in which you acknowledged that your UD was
suspended and you were placed on probation for a period of
12 months. On 7 October 1964, you began a UA that ended
on 17 November 1964, a period of about 41 days. On
1 December 1964, you had NJP for the 41 day UA and missing the
————==jovement of your Ship. AS a result of this misconduct, the
suspension was vacated and the UD ordered executed. On
7 January 1965, you were separated with a UD by reason of
unfitness.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your misconduct
that continued even while you were on probation. Finally, the
Board noted that you waived the right to have your case heard
by an ADB, your best opportunity for retention or a more
favorable characterization of service. Therefore, the Board
concluded that the discharge was proper as issued and no change
is warranted. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
You may request a copy of your DD Form 214 by submitting the
enclosed SF 180 to the address set forth on the form.
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 PF
Executive Ctor
Enclosure
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