DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
SIN
Docket No: 00907-09
4 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 3 November 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. 7
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
28 March 1961 at age 17. On 16 September 1961 and 23 November
1962, you were convicted by summary court-martial (SCM) of two
periods of unauthorized absence (UA) totaling 15 days and missing
movement. On 9 August 1963, you were convicted by special court-
martial (SPCM) of 26 days of UA and missing movement. You were
sentenced to restriction, a forfeiture of pay, and a reduction in
paygrade. You remained on active duty until 17 April 1964, when
you were released under honorable conditions at the expiration of
your enlistment and transferred to the Navy Inactive Reserve. At
that time, you were not recommended for retention due to your
misconduct and low performance marks. On 18 May 1967, you were
discharged at the completion of your military obligation based on
your conduct and proficiency marks.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.8. At the time of. your
service, a conduct average of 3.0 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, overall
record of service, and belief that your characterization of
service would be upgraded after completion of your required
reserve time. Nevertheless, the Board concluded these factors
were not sufficient to warrant upgrading your discharge given
your two SCM’s, conviction by SPCM, and failure to attain the
required average in cohduct. Finally, you are advised that there
is no provision in law or Navy regulations that allow for
recharacterization automatically after a period of time or due
solely to the passage of time. 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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