DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03168-08
20 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 18 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 reenlisted in the Navy on 24 July 1964 after two years of
honorable service. During the period from 2 October 1964 to
6 June 1967, you received five nonjudicial punishments (NJUP’s)
for three instances of disobedience, three days of unauthorized
absence (UA), and drug use. On 17 August 1967, you were
convicted by civil authorities of driving while intoxicated. On
23 August 1967, you received a sixth NUP for nine days of UA. On
7 February 1968, you were convicted by special court-martial
(SPCM) of 49 days of UA. You were sentenced to confinement at
hard labor and a reduction in paygrade.
On 17 April 1968, you were processed for an administrative
discharge by reason of unfitness. You elected to waive the right
to have your case heard by a board of officers. On 22 April
1968, your commanding officer recommended an undesirable
discharge by reason of unfitness. On 9 May 1968, the separation
authority directed an undesirable discharge. You were so
discharged on 24 May 1968.
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 recharacterization
of your discharge given your record of six NUP’s, civil
conviction, and conviction by SPCM for a period of UA that lasted
over 30 days. The Board also noted that you waived the right to
have your case heard by a board of officers, your best chance for
retention or a better characterization of service. 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,
\oQ PF E
Executive Dir
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