DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100
TUR
Docket No: 7599-07
25 June 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 June 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 17 May 1965 at age 18. You served
without disciplinary incident until 4 January 1966, when you were
convicted by civil authorities of assault and sentenced to
probation for six months. On 21 January 1966 you received
nonjudicial punishment (NUP) for an 85 day period of unauthorized
absence (UA). Shortly thereafter, on 20 April 1966, you received
NJP for wrongful use of habit forming drugs. The punishment
imposed was a $30 forfeiture of pay and restriction and extra
duty for 30 days.
On 24 February 1967 you received NUP for absence from your
appointed place of duty and wearing civilian clothing. The
punishment imposed was restriction and extra duty for seven days.
On 3 March 1967 you were diagnosed with a longstanding
personality disorder. At that time the psychiatrist stated that
you knew ‘right from wrong’ but recommended that consideration be
given for an administrative separation. Nonetheless, your
misconduct continued and on 30 March 1967, you were again
convicted by civil authorities of assault. You were sentenced
confinement for 180 days, however, 150 days were suspended for
three years.
On 26 April 1967 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to have a field board review your case. On 30 April 1967 you
received your fourth NJP for two periods of UA totalling 35 days
and missing the movement of your ship. The punishment imposed
was reduction to paygrade E-2 and restriction for 30 days.
Subsequently, your commanding officer recommended an undesirable
discharge by reason of unfitness. On 31 May 1967 the discharge
authority approved this recommendation and directed an
undesirable discharge, and on 17 July 1967, 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 assertion that you were to receive a medical
discharge.. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct, which
resulted in four NUPs, two convictions by civil authorities, and
included drug abuse. Finally, applicable directives state that
even if a Sailor is recommended for separation for medical
reasons, such as a personality disorder, if the Sailor meets the
requirement of another reason for separation, such as unfitness
or misconduct, the Sailor will be separated for the latter
reason. 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,
AN P
Executive Di
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