DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03391-08
6 March 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 3 March 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
30 August 1965 at age 18. On 31 August 1966, you were convicted
by special court-martial (SPCM) of two specifications of
unauthorized absence (UA) totaling 159 days. You were sentenced
to confinement at hard labor, a forfeiture of pay, and a bad-
conduct discharge (BCD). However, the convening authority
suspended portions of your punishment to include suspending the
BCD for six months. On 23 March 1967 and 5 April 1968, you were
convicted by SPCM of periods of UA totaling 259 days. Asa
result of your last SPCM, you were sentenced to confinement at
hard labor, a forfeiture of pay, and a BCD. On 19 July 1968, you
waived your right to request restoration to full duty and
subsequently received the BCD after appellate review was
completed.
The Board, in its review of your entire record and 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 three SPCM
convictions for periods of UA totaling over 13 months.
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,
Executive Direc
CJ
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