DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2-NAVY ANNEX
WASHINGTON DG 20370-5100 TAL
Docket No: 00740-09
9 November 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 28 October 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
16 March 1962 at the age 18. On 14 September 1962, you were
convicted by summary court-martial (SCM) for a 12 day period of |
unauthorized absence (UA). On 21 May 1963, you were convicted by
special court-martial (SPCM) for a 33 day period of UA. On
4 February 1964, you received nonjudicial punishment (NUP) for one
day of UA and missing ship’s movement. On 22 September 1964, you.
were convicted by SPCM for a 70 day period of UA and missing
ship’s movement. On 13 October 1964, administrative discharge
action was initiated by reason of misconduct due to unfitness.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 16 October 1964, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
{OTH) conditions by reason of misconduct. On 30 Octcber 1964, the
separation authority directed an OTH discharge by reason of
misconduct due to unfitness. The execution of the discharge was
held in abeyance for a’ 12 month period of probation to determine
your potential for further service. On 4 January 1965, you
requested to be discharyed. On 6 January 1965, the commanding
officer approved your request and you were so discharged.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your NUP and convictions by two SPCM’S,
and a SCM for periods of UA totaling over three months. Finally,
the Board noted that you requested termination of the
probationary period which provided you with an opportunity to
earn a better discharge. 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. 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,
Wea.
W. DEAN PF
Executive Di er
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