DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 1041-08
17 November 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 13 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 28 March 1967 at age 18. After
completion of initial training, you reported to your unit in
Vietnam on 19 November 1967. Subsequently, you voluntarily
extended your tour of duty until June 1969. On 6 November 1969
you were convicted by a summary court-martial of four periods of
unauthorized absence totaling about 67 days. The court sentenced
you to forfeiture of pay and a reduction in rate. On 22 February
1972 you were convicted by a special court-martial of two periods
of unauthorized absence totaling about 22 months. The court
sentenced you to a bad conduct discharge and you were so
discharged on 25 June 1972. |
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your period of good
service and contention that you could not adjust after your
return from Vietnam. There is no evidence in the record and you
have submitted none to excuse or mitigate your record of
misconduct. The Board found that these factors and contention
were not sufficient to warrant recharacterization of your
discharge given your multiple and lengthy periods of unauthorized
absence. The Board concluded that the discharge was proper as
issued and no change is warranted.
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,
\y ‘
W. DEAN PF E
Executive Di
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