DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3093-08
11 December 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
10 December 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.
On 14 November 1966, you enlisted in the Navy at age 19. On
3 February 1968, you had nonjudicial punishment for a five day period
of unauthorized absence (UA). During the period 18 February to
8 May 1969, you were in a UA status on three occasions totaling about
77 days. On 19 May 1969, you were counseled regarding deficiencies
in your performance and conduct and warned that further infractions
could result in administrative separation. During the period
18 July 1969 to 6 May 1970, you were in UA status on four occasions
totaling about 271 days. On 4 June 1970, you were convicted by a
special court-martial (SPCM) of six instances of UA totaling 343
days, missing the movement of your ship, and breaking restriction.
Your sentence resulted in four months of confinement at hard labor.
On 29 July 1970, a psychiatric evaluation diagnosed you as having an
adult situational adjustment reaction and recommended that you be
discharged if you did not adapt. On 12 August 1970, while in
confinement, you attempted suicide and were crying hysterically which
resulted in your admission to a hospital for evaluation. A
psychiatric evaluation subsequently diagnosed you as having an
immature personality and recommended discharge due to unsuitability.
On 17 August 1970, your commanding officer initiated administrative
separation by reason of unsuitability due to having an immature
personality. In connection with this processing, you acknowledged
that your characterization of service would be determined as
warranted by your service record. On 11 September 1970, the
separation authority approved the discharge recommendation and
directed discharge by reason of unsuitability, and further directed
that your characterization of service be determined as warranted by
your service record. On 17 September 1970, you were separated with a
general discharge by reason of unsuitability.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth. The
Board also considered your contention that the officers in charge of
your court-martial were racist. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to your overall service record. In this
regard, characterization of service is determined by a service
member's conduct, actions, and overall trait and military behavior
marks assigned on a periodic basis. Minimum acceptable overall trait
and military behavior mark averages of 2.7 and 3.0, respectively,
were required to form the basis for a fully honorable
characterization of service. Your overall trait and military
behavior mark averages were 3.43 and 2.96, respectively. Given your
disciplinary actions that included a court-martial conviction, UA's
that totaled more than 11 months, failure to attain the military
behavior mark average required for a fully honorable characterization
of service, and since you have been treated no differently than
others in your situation, the Board found that your characterization
of service was proper as issued. Regarding your contention, there is
no evidence in the record to support it. Further, the Board noted
that your SPCM sentence could have included a bad conduct discharge
and that you were fortunate that your sentence only included
confinement at hard labor. Therefore, 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,
WWosun\tou Df
W. DEAN PFE Bi
Executive D ctor
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