DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 153-08
1 December 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 25 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 1 November 1965 at age 19 and served
without disciplinary incident until 4 August 1966, when you were
convicted by summary court-martial (SCM) of a four day period of
unauthorized absence (UA). You were sentenced to a $30
forfeiture of pay and restriction for 14 days. About three
months later, on 30 November 1966, you were convicted by special
court-martial (SPCM) of two periods of UA totalling 56 days,
missing the movement of your ship, breaking arrest, and breaking
restriction. You were gentenced to confinement at hard labor for
six months, a $384 forfeiture of pay, reduction to paygrade E-1,
and a bad conduct discharge (BCD). On 13 March 1967 you
submitted a written request for immediate execution of the BCD.
Subsequently, the BCD was approved at all levels of review, and
on 21 April 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, personal background, and desire to upgrade your
discharge. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge becauue of the
seriousness of your misconduct which included repeated periods of
UA and resulted in 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,
oad
W. DEAN SAN :
i
Executive D
No
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