DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4679-09
12 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 3 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 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 Navy and began a period of active duty on 29
January 1965 at age 19. On 19 May 1965, you were convicted by
special court-martial (SPCM) of two instances of unauthorized
absence (UA) from your unit for a period totaling 27 days. On 19
February 1966, you received nonjudicial punishment (NUP) for UA
from your appointed place of duty, failure to obey a lawful order
and communicating a threat. On 3 May 1967, you received NUP for
willfully disobeying a petty officer. On 21 July 1367, you
received NUP for dereliction of duty. On 29 August 1967, you
were convicted by summary court-martial (SCM) of four instances
of UA, and failure to go to your appointed place of duty. On 20
June 1968, you were convicted by SPCM of two instance of VA from
your unit for a period of five days and missing ship’s movement.
The sentence imposed was three months confinement, reduction in
paygrade, forfeiture of pay and a bad conduct discharge (BCD}.
Although the BCD was suspended for six months, on 12 February
1969 this suspension was vacated due to your continued "
misconduct, which consisted of two instances of UA from your
unit. You received the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NJPs, one SCM and two SPCMs. 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,
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