DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SUN
Docket No: 06991-08
5 June 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 2 June 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 23 December 1964 after four years
of honorable service. During the period from 9 June 1965 to
13 January 1967, you received four nonjudicial punishments
(NJP's) for four periods of unauthorized absence (UA) totaling
21 days, breaking restriction, and missing movement. On 10 May
1967, you were convicted by summary court-martial (SCM) of
13 days of UA and disobedience.
On 28 June 1967, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge’ board” (ADB): On 10 July
1967, your commanding officer forwarded his recommendation that
you be discharged under other than honorable conditions by reason
of misconduct.
On 21 July 1967, you were convicted by special court-martial
(SPCM) of disrespect and disobedience. You were sentenced to a
reduction in pay grade, a forfeiture of pay, hard labor and
restriction. On 26 July 1967, the separation authority directed
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 6 October 1967.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, last period of service, and Vietnam service.
Nevertheless, the Board found that these factors were not
sufficient to warrant any change in your discharge because of the
four NJP’s, and conviction by SCM, and SPCM. The Board also
noted that you waived an ADB, 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,
\s )
Executive \ Di tor
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