DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL. RECORDS
2 NAVY ANNEX SUN
WASHINGTON DG 20370-5100 Docket No: 03144-08
12 February 2009 .
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 February 2009. 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 and began a period of active duty on
21 January 1965 at age 17. On 30 September 1965 and 20 January
1966, you were convicted by special court-martial (SPCM) of two
periods of unauthorized absence (UA) totaling 80 days. You were
sentenced by both courts to confinement at hard labor, a
forfeiture of pay, and a reduction in paygrade.
On 3 March 1966, you were the subject of a psychiatric
evaluation, which diagnosed a character disorder. It noted, in
part, that you were poorly motivated for restoration, and if
restored it was determined that you would have continued to
display the pattern of flight in response to stress and continued
conflict with authority that would have been a continuing
liability to the military.
On 15 April 1966, you were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed character disorder. You were afforded all of
your procedural rights including the opportunity to submit a
statement on your behalf. On 2 May 1966, the separation
authority directed type warranted by service record discharge by
reason of unsuitability. On 19 May 1966 you received a general
discharge.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 1.0. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given your two SPCM convictions, the
diagnosed character disorder, and your failure to attain the
required average in conduct. 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 ¥,
Executive Di or
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