DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7201-08
25 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
24 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 14 October 1966, you reenlisted in the Navy at age 23 after a
prior period of honorable service. On 31 January 1967, you had
nonjudicial punishment for a breach of the peace. During the period
10 to 21 July 1967, you were in an unauthorized absence (UA) status
which was later excused due to your acquittal of civilian charges.
On 15 September 1967, a medical evaluation stated that you had been
previously diagnosed as having a schizoid personality and were being
referred to a naval hospital. During the period 15 September to
7 October 1967, you were hospitalized during which time you had a
psychiatric evaluation that diagnosed you as having a passive
aggressive personality and found that you knew right from wrong.
On 2 October 1967, you were arrested by civilian authorities and
charged with possession of marijuana, forgery, and misuse of a credit
card. On 7 November 1967, you were placed in a UA status when you
were held by civilian authorities pending disposition of charges in
Civilian court. On 4 December 1967, the civilian court dismissed the
previous charges and you were convicted of issuing checks having
insufficient funds. Your sentence included time in jail, probation,
and restitution.
On 15 December 1967, your commanding officer initiated administrative
separation by reason of misconduct due to a civil conviction. fn
connection with this processing you acknowledged that this could
result in an undesirable discharge (UD) and you waived the right to
have your case heard by an administrative discharge board (ADB). On
19 December 1967, you were released from civilian confinement after
being in a UA status for about 42 days. On 5 January 1968, the
separation authority approved the discharge recommendation and
directed a UD by reason of misconduct due to a civil conviction.
On 23 January 1968, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior period
of honorable service, awards, and psychiatric evaluation. The Board
also considered the letters of recommendation that you submitted with
your application and post service achievements. Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of your
misconduct. The Board also noted that you waived the right to have
your case heard by an ADB, your best opportunity for retention or a
more favorable characterization of service. 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.
The Board noted that as a result of your prior period of honorable
service, you may be eligible for veterans' benefits. You should
contact the nearest office of the Department of Veterans Affairs if
you desire clarification about your eligibility for those benefits.
The Board further noted that you should contact the National
Personnel Record Center (Code 312-D2), 9700 Page Avenue, St. Louis,
MO. 63132-5100, to request that your Purple Heart award be added to
your DD Form 214 that was issued on 29 July 1966, since the record
shows that it was awarded for injuries received during that
enlistment.
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,
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