DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11339-07
19 November 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 18 November 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 4 June 1966 at age 17 and served
without disciplinary incident until 10 January 1968, when you
received nonjudicial punishment (NUP) for a two day period of
unauthorized absence (UA). Shortly thereafter, on 29 January
1968, you received NJP for sleeping on post. On 29 February 1968
you received your third NUP for sleeping on post and were awarded
a reduction to paygrade E-1. On 15 November 1968 you were
convicted by special court-martial (SPCM) of three periods of UA
totalling 64 days and sentenced to confinement at hard labor for
three months.
On 18 July 1969 you were convicted by SPCM of two periods of UA
totalling 91 days and breaking restriction. You were sentenced
to confinement at hard labor for four months, reduction to
paygrade E-1, and a $328 forfeiture of pay. Shortly thereafter,
on 22 August 1969, you were notified of pending administrative
discharge by reason of unfitness due to frequent involvement of a
discreditable nature with military authorities. After consulting
with legal counsel you elected to present your case to an
administrative discharge board (ADB). On 2 September 1969 an ADB
recommended an undesirable discharge by reason of unfitness due
to frequent involvement of a discreditable nature with military
authorities. On 18 September 1969 your commanding officer also
recommended an undesirable discharge by reason of unfitness. On
30 September 1969 the discharge authority approved these
recommendations, and on 31 October 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 youth, post service conduct, and desire to have your
discharge upgraded so that you may receive medical benefits. It
also considered your assertion of experiencing paranoia, unstable
behavior, drug and alcohol abuse, and trauma due to the deaths of
your shipmates. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct and your
repetitive and lengthy periods of UA, all of which resulted in
three NJPs and two court-martial convictions. 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,
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