DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 04245-09
29 March 2010
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 23 March 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 appli@ation, 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 reenlisted in the Navy on 28 December 1960 after two years of
honorable service. On 3 April and 14 August 1964, you received
nonjudicial punishment (NJP) for two periods of unauthorized
absence (UA) and disobedience. On 15 October 1964, you were
convicted by special court-martial (SPCM) of nine days of UA and
uttering a bad check. You were sentenced to a reduction in
paygrade, forfeiture of pay, and confinement at hard labor. On
2 February 1965, you were convicted by civil authorities of
conspiracy and unlawful entry. You were sentenced to five years
in jail. On 25 March 1965, a Board of Officers recommended: that
you be discharged from the service with an undesirable discharge
due to unfitness. On 29 April 1965, your commanding officer
forwarded your case concurring with the Boards’ findings and
recommendation that you receive an undesirable discharge by
reason of unfitness. On 17 May 1965, the separation authority
approved the recommendation for discharge. On 30 July 1965, you
received an other than honorable discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in two NJP’s, SPCM, conviction by civil authorities
for very serious offenses, and subsequent incarceration.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans’
benefits that accrued during your first period of service.
Whether or not you are eligible for benefits based on either
period of service is a matter under the cognizance of the
Department of Veterans Affairs (DVA). If you have been denied
benefits, you should appeal that denial under procedures
established by the DVA.
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.
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Executive Di
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