DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700 .
TUR
Docket No: 9438-08
13 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 11 August 2009. The names and votes of the
members of the panel will be furnished upon request. 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 Naval Reserve on 2 November 1972 at age 17
and began a period of active duty on 2 April 1973. You served
' for five months without disciplinary infraction but your record
reflects that on 25 September 1973 you were absent from your
appointed place of duty. The record does not reflect the
disciplinary action taken, if any, for this period of absence.
On 30 January 1974 you were convicted by special court-martial
(SPCM) of two periods of unauthorized absence (UA) totalling 38
days and sentenced to confinement at hard labor for two months
and a $200 forfeiture of pay. On 19 March 1974 you were again
convicted by SPCM of a 10 day period of UA. You were sentenced
to confinement at hard labor for two months. Subsequently, you
were processed for an administrative separation by reason of
unsuitability due to substandard performance inadaptability. The
discharge authority directed separation under honorable
conditions and on 4 dune 1974 you were issued a general
discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were told that your discharge
would be automatically upgraded 90 days after your separation
from the Navy. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your substandard performance, inability to
adjust to military life, and your very short period of service in
which you were convicted by SPCM on two occasions. Finally, no
discharge is automatically upgraded due solely to the passage of
time or an individual's good post service conduct. Accordingly,
your application has been denied.
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,
Lea
W. DEAN P
Executive Dire
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