DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 7629-07
9 July 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 8 July 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 reenlisted in the Navy on 1 September 1967 after nearly three
years of prior honorable service. You continued to serve without
disciplinary incident until 23 January 1968, when you were
convicted by summary court-martial (SCM) of a 31 day period of
unauthorized absence (UA). About two months later, on 22 March
1968, you received nonjudicial punishment (NJP) for a f our day
period of UA.
On 16 October 1969 you were convicted by a special court-martial
(SPCM) of three periods of UA totalling about 193 days. You were
sentenced to hard labor and restriction for two months, a $238
forfeiture of pay, reduction to paygrade E-2, and a bad conduct
discharge (BCD). The paygrade reduction, forfeitures, and BCD
were suspended for six months. On 4 November 1969 you received
NJP for a four day period of UA. ‘Two days later, on 6 November
1969, you were convicted by civil authorities of failure to
appear in court and were fined $35.
On 2 March 1970 the BCD was vacated due to your continuous
misconduct. On 2 April 1970 you were again convicted by SCM of
two periods of UA totalling 93 days and breaking restriction.
You were sentenced to a letter of reprimand and held in
confinement for safekeeping.
Subsequently, the BCD was approved at all levels of review, and
on 12 June 1970, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and request to upgrade your
discharge so that you may receive veterans’ benefits.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the frequency and seriousness of your lengthy periods
of UA from the Navy during a time of war, and the seriousness of
your misconduct in both the military and civilian communities.
Accordingly, your application has been denied.
The Board believes that under current regulations you may be
eligible for veterans’ benefits which accrued during your first
period of service. Whether or not you are eligible for benefits
is a matter under the cognizance of the Department of Veterans
Affairs (DVA), and you should contact the nearest office of the
DVA concerning your right to apply for benefits.
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,
Lene
W. DEAN PFRYF
Executive eb to
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