DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 10266-0608
5 October 2009
This i8 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 29 September 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
29 December 1965 at age 17. On 24 June and 1 July 1968, you
received nonjudicial punishment (NJP) for two periods of
unauthorized absence (UA) totaling three days, and breaking
restriction. On 19 December 1968, you were convicted by special
court-martial (SPCM) of 102 days of UA. You were sentenced to
confinement at hard labor, a reduction in paygrade, and a
forfeiture of pay. You remained on active duty until 2 May 1969,
when you received a general discharge due to reduction in
authorized strength upon completion of your military obligation.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 3.2. At the time of your
Service, a conduct average of 4.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service, and overall record of service. Nevertheless, the Board
concluded this factor were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in two NJP’s, conviction by SPCM for a pericd of UA
totaling over three months, and your failure to attain the
required average in conduct. 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,
\ Qe eh
W. DEAN PFELFTF
Executive Directdr
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