DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1704-09
15 December 2009
naval record pursuant to the provisions of Title 10, 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 8 December 2009. The names and votes of the
the Board consisted of your application, together with all
unauthorized absence (UA) and missing the movement of your ship.
About two months later, on 8 July 1969, you received NJP for
absence from your appointed place of duty.
court-martial (SPCM) of three periods of UA totalling 48 days.
On 27 July and 3 September 1970, you received NUP for two periods
of UA totalling 13 days.
On 12 April 1971 You were convicted by SPCM of three periods of
_UA totalling 111 days. You were sentenced to confinement at hard
labor for five months, a $475 forfeiture of pay, and a bad
conduct discharge (BCD). On 16 July 1971 you submitted a written
request for immediate execution of the BCD in which you stated,
in part, that you did not want to go back to duty, just wanted
out of the Navy, and expressed that the Navy was not your way of
life. Subsequently, the BCD was approved at all levels of
review, and on 13 August 1971, you were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge given the frequency and seriousness of your
lengthy periods of UA from the Navy. Accordingly, your
application has been denied.
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,
Ns
W. DEAN PB Fi
Executive x oO
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