DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY, ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 02417-09
7 January 2010
This ig in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
“RK three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 January 2010. Your allegations of error and
injustice were reviewed in accor
regulations and procedures appli
Board. Documentary material con
your application, together with
thereof, your naval record, and
and policies.
After careful and conscientious
dance with administrative
cable to the proceedings of this
sidered by the Board consisted of ©
all material submitted in support
applicable statutes, regulations,
consideration of the entire
record, the Board found the
to establish the existence o
injustice.
You enlisted in the Navy an
(16. November 1961 at age 18.
“nonjudicial punishment (NUP)
and 28 January 1963, you wer
evidence submitted was insufficient
f probable material error or
began a period of active duty on
On 24 May 1962, you received
for disobedience. On 28 August 1962
e convicted by special court-martial
(SPCM) of four specifications of unauthorized absence (UA)
totaling 125 days and disobe
dience. On 19 February 1963,
you were processed for an administrative discharge by reason of
unfitness. You elected to w
by a board of officers and y
authority. On 13 March 1963
aive the right to have your case heard
our case was forwarded to the separation
, the Chief of Naval Personnel (CNP)
approved the recommendation for separation
by reason of unfitness,
but directed that the executio
n of the discharge be held in abeyance
subject to a 12-month probationary period.
1963, when you were advised of your
submitted a request for discharge.
However, on 18 March
probationary period, you,
Your request was forwarded and
on 28 March 1962, CNP directed the termination of your probation and
that the undesirable discharge be executed.
on 9 April 1963.
You were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, guch ag your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your NUP, and two SPCM convictions for periods of
UA totaling over four months. The Board also noted that you were
given an opportunity for retention and to earn a better
characterization of service, but requested to be discharged.
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,
\Y )
Ques
Fxecutive Di ter
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