DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 3505-069
26 January 2010.
This 1g an reference to your application for correction of your
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 21 January 2010. 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 ail 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 on 27 January 1961, and served without
disciplinary incident until 5 September 1961, when you received
nonjudicial punishment (NJP) for unauthorized absence (UA) in
excess of three days. Shortly thereafter, you received the
following @isciplinary actions: on 2 November 1961, you received
an NJP for public drunkenness; on 7 July 1962, you were convicted
at a summary court-martial for UA; on 8 October 1962, you were
convicted at a special court-martial for disrespect toward a
superior officer, assault, insubordinate conduct toward a
noncommissioned officer, and provoking speech or gesture; and on
21 December 1962, you received NJP for UA. Therefore, you were
recommended for separation with an cther than honorable (OTH)
discharge due to your pattern of misconduct. You were advised of
your procedural rights, and waived your right to an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 10 May 1963, you were
separated with an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your misconduct.
Furthermore, the Board found you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. Finally, there is no provision in the law or
regulations that allows for recharacterization of service due
solely to the passage of time. 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 ,
Executive Di tlor
NAVY | BCNR | CY2006 | 08649-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 July 2007. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 25 January 1962, upon release from Civil authorities, you were returned to military control thus terminating a 39 day period of UA. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2011 | 00214-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 13 October 2011. On 13 December 1961, you received NUP for three incidents of failure to go to your appointed place of duty. - 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.
NAVY | BCNR | CY2009 | 03156-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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 initially enlisted in the Air Force from July 1972 to April 1974, and received an honorable discharge. Consequently, when applying for a correction of...
NAVY | BCNR | CY2013 | NR6922 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2014. On 8 October 1962, an ADB recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction. 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.
NAVY | BCNR | CY2009 | 01596-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 November 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 02008-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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. On 13 April 1962 you were convicted by summary court-martial (SCM) of absence from your appointed place of duty and sentenced to hard labor for...
NAVY | BCNR | CY2009 | 03139-09
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 07927-07
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 Marine Corps on 3 April 1961 at age 17. On 10 February 1965 an ADB recommended an...
NAVY | BCNR | CY2009 | 06878-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 2010. 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. 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...
NAVY | BCNR | CY2010 | 00023-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 September 2010. 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. You were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct.