DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02177-09
17 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 16 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, togethér 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
12 October 1973, at age 19. On 18 June 1973, you received
nonjudicial punishment (NUP) for disobeying a lawful order. On
28 July 1973, you received NUP for. being in an unauthorized
absence (UA) status. On 28 August 1973, you received NJP for UA.
On 15 October 1973, you received NJP for violating a lawful
order. You were counseled and warned that further misconduct
could result in administrative discharge action. Between
20 March and 6 August 1974, you received three additional NUP’s
for five incidents of UA. On 28 August 1974, administrative
discharge action was initiated by reason of unsuitability. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board {ADB). Your
commanding officer forwarded his recommendation that you be
discharged under honorable conditions by reason of unsuitability.
The discharge authority directed a general discharge by reason of
unsuitability. On 26 September 1974, you were so discharged. At
that time you were assigned an RE-4 reenlistment code.
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 recharacterization
of your discharge, given your record of six NUP’s and the fact
that you were counseled and warned of the consequences of further
misconduct, and still committed additional infractions. The
Board also noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
Lo Wens
W. DEAN PFENF
Executive Oo
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