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NAVY | BCNR | CY2007 | 07748-07
Original file (07748-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TJR
                                                                                          Docket No: 7748-07
                                                                                          18 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 17 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 reenlisted in the Navy on 10 November 1967 after four years of prior honorable service. However, about 20 days later, on 30 November 1967, you received nonjudicial punishment (NJP) for resisting arrest and assault. On 7 December 1967 you received NJP for absence from your appointed place of duty and were awarded restriction for 60 days. Shortly thereafter, on 21 December 1967, you were convicted by summary court-martial (SCM) of breaking restriction and a one day period of unauthorized absence (UA) . You were sentenced to confinement at hard labor for 30 days and a $100 forfeiture of pay.
On 10 June 1968 you were convicted by special court-martial (SPCM) of a 36 day period of tJA. You were sentenced to confinement at hard labor for four months, a $352 forfeiture of pay, reduction to paygrade E-l, and a bad conduct discharge (BCD). The confinement at hard labor and BCD were suspended for six months. However, on 10 December 1968, you were again in a UA status and as a result, on 13 December 1968, you received NJP.






On 2 January 1969 you received your fourth NJP for breaking
restriction and were awarded a $153.50 forfeiture of pay.
Subsequently, the BCD was approved at all levels of review and on
19 February 1969 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 assertion that your BCD was the result of not receiving treatment for alcoholism. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA from the Navy, and your repetitive misconduct which resulted in two court-martial convictions and four NJPs. Further, you were sentenced to a BCD but it was suspended, thus giving you the opportunity to earn a better characterization of service. However, you failed to do so by committing further offenses. Finally, alcohol abuse is not an excuse for misconduct, and disciplinary action and administrative separation are appropriate for alcohol related offenses. 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 PFEIFFER
          Executive Director

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