DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
JRE
Docket No. 02880-09
3 August 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 30 July 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
The Board found that you reenlisted in the Navy on 3 August 1965
after a short break in active service. Shortiy thereafter you
were given a diagnosis of an emotionally unstable personality,
and recommended for discharge on that basis; however, before the
discharge could be effected, you absented yourself without
authority and remained absent for an extended period of time.
You were ultimately separated from the Navy on 22 June 1967 with
a bad conduct discharge pursuant to the approved sentence of
your second special court-martial. You had record of 540 days
lost and two convictions by special court-martial during that
enlistment. You were given the opportunity to request
restoration to duty, but declined to do so. You stated “I just
don’t like the service anymore. I want to be a civilian again.”
There is no indication in the available records that you were
unfit for duty by reason of physical disability on 22 June 1967.
You would not have been eligible for disability separation or
retirement or separation with severance pay even if you had been
unfit because your bad conduct discharge would have taken
precedence over disability processing. Accordingly, and as you
have not demonstrated that it would be in the interest of
justice for the Board to change the basis of your’ separation to
unsuitability, and upgrade your discharge to general or
honorable, 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,
OVouw
W. DEAN P PF
Executive D °
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