DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 08145-08
26 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 23 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 enlisted in the Navy and began a period of active duty on
21 October 1965 at age 19. On 28 February and 6 April 1966, you
were convicted by civil authorities’ of vagrancy and using a motor
vehicle without consent. On 29 April 1966, you were convicted by
special court-martial (SPCM) of two periods of unauthorized
absence totaling 58 days and disobedience.
Administrative discharge action was initiated and your commanding
officer forwarded his recommendation for separation. However, he
recommended your separation be suspended on the condition you
stayed free of any further misconduct. On 4 August 1966, the
separation authority directed that your undesirable discharge be
held in abeyance for 12 months for further observance cof your
conduct.
During the period from 15 August to 29 November 1966, you
received three nonjudicial punishments (NUJP's) for two periods of
unauthorized absence totaling four days and sleeping on watch.
In light of this further misconduct, you received the undesirable
discharge on 2 December 1966.
The Board, in its review of your 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 any change in your
discharge given your two civil convictions, SPCM conviction, and
three NUP’s. 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,
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