DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4532-09
13 April 2010
This is in 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 13 April 2010. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error oF
injustice.
You enlisted in the Navy on 9 May 1967 at age 18 and served
without disciplinary infraction until 5 November 1968, when you
received nonjudicial punishment (NIP) for wrongful use of a
government vehicle. During the period from 11 March to 12 August
1970 you received NJP on two more occasions for four periods of
absence from your appointed place of duty and were convicted by
summary court-martial (SCM) of a one day period of unauthorized
absence (UA).
As a result of the foregoing, you were notified of administrative
f the government in
separation by reason of convenience ©
accordance with an early release program. The discharge
authority directed your commanding officer to issue you a general
discharge by reason of convenience of the government.
October 1970, while serving in paygrade E-2, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in three NUPs and a SCM. Accordingly,
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,
|
r
W. DEAN PFE
Executive D
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