DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100 son
Docket No: 031322-09
8 December 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 1 December 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
20 June 1963'at age 18. During the period from 10 July 1964 to
21 December 1965, you received four nonjudicial punishments
(NJP’s) for disobedience, absence from your appointed place of
duty, and two periods of unauthorized absence (UA) totaling
18 days. On 28 March 1966, you were convicted by summary court -
martial (SCM) of 12 days of UA. On 17 October 1966, you were
convicted by special court-martial (SPCM) of 135 days of UA and
disobedience. You were sentenced to a reduction in paygrade,
confinement at hard labor, a forfeiture of pay, and a bad conduct
discharge (BCD). However, on 6 March 1967, the Naval Clemency
Parole Board remitted your BCD due to an adverse neuropsychiatric
evaluation that diagnosed you with borderline defective
intelligence. You were notified of pending administrative
separation action by reason of convenience of the government due
to the diagnosed disorder. You were afforded all of your
procedural rights including the opportunity to submit a statement
on your behalf. Your commanding officer directed separation by
reason of unsuitability with a general discharge. You were so
discharged on 3 April 1967.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.6. 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, over all
record of service, and character letter. Nevertheless, the Board
found that these factors were not sufficient to warrant a change
in your characterization of service given your four NJP‘’s, SCM
. conviction, conviction by SPCM for a period of UA totaling over
Four months, and especially the diagnosed medical condition.
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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