DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN |
Docket No: 07333-08
3 November 2008
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 28 October 2008. 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 stdtutes, 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 on 30 March 1965 at age 17. On
7 February 1966, you were convicted by summary court-martial
(SCM) of 24 days of unauthorized absence (UA). On 5 April 1966,
you received nonjudicial punishment (NJP) for three
specifications of missing restricted musters. On 28 June and
16 December 1966, you were convicted by special court-martial
(SPCM) of two periods of UA totaling 91 days. As a result of
your second SPCM, you were sentenced to confinement at hard
labor, a forfeiture of pay, anda bad conduct discharge (BCD).
You received the BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, service
in Vietnam, and overall record of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your conviction by
SCM, NJP and convictions by SPCM for periods of UA lasting over
three months. Further, you waived your right to request
restoration to full duty, 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,
N
W. DEAN PFE
Executive Dire
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