DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 | SON
Docket No: 11830-08
21 October 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 14 October 2009. Your allegations of érror 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 alli 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
19 August 1974 at age 17. On 2 September 1975, you received
nonjudicial punishment (NIP) for 54 days of unauthorized absence.
Based on the information currently contained in your record, on
12 September 1975, you were notified of pending administrative
separation action by reason of unsuitability due to apathy and/or
defective attitude. You were afforded all of your procedural
rights including the opportunity to submit a statement on your
behalf. On 16 September 1975, your commanding officer forwarded
your case recommending a general discharge. You were so
discharged on that same day.
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 a change in your
characterization of service given your NJP and defective
attitude. Accordingly, your application has been denied. . The
names and votes of the members of the panel will be furnished
upon request.
Tt 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,
Ls Quek
W.: DEAN PPE
Executive Di
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