DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3424-08
8 January 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 7 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 15 November 1967, you enlisted in the Navy at age 17 with
parental consent. On 18 July 1968 and 23 January 1969, you
were convicted by special courts-martial (SPCM). Your offenses
included larceny of four wallets and $39 cash, and 37 days of
unauthorized absence (UA). On 4 March 1969, you began a period
of UA and on 7 March 1969, you were apprehended by civilian
authorities and held pending charges of transporting a stolen
motor vehicle across a state line. On 21 April 1969, you were
convicted in civil court of this offense and sentenced to three
years of probation. On 21 April 1969, you were returned to
military authorities after being UA for about 48 days. On
12 May 1969, you were convicted by a SPCM of the 48 day period
of UA. Your sentence included confinement at hard labor,
forfeitures of pay, and a bad conduct discharge (BCD). After
the BCD was approved at all levels of review, on rs
16 January 1970, you were so discharged. 7
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 belief that your discharge would
be upgraded after six months. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. Furthermore, there is no provision in the law
or regulations that allows for recharacterization of service
due solely to the passage of time. 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,
Qed
W. DEAN PFE
Executive Di 4
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