DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05465-09
16 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 14 April 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 on 12 December 1967, at the age or 17.
On 10 April 1968, you received nonjudicial punishment (NJP) for
being in an unauthorized absence (UA) status for one day, being
out of bounds, and bringing discredit upon the Navy. On
10 June 1968, you received NUP for being UA for a seven day
period. On 29 August 1968, you received NUP for being UA for one
day. On 3 September 1969, you missed your ship’s movement. On
23 January 1969, you were convicted by special court-martial
(SPCM) for being UA for a period of 56 days and sentenced to 30
days confinement at hard labor. During the period of 3 December
1968 to 13 March 1969, awaiting convening authority’s action on
the SPCM, you commenced a seven day period of UA. On 4 March
1969, you received your fourth NUP for being UA for seven days.
You were notified that administrative discharge procedures were
initiated and that you would receive a reenlistment code of RE-4
upon your separation. The discharge authority directed a general
discharge. You were so discharged on 20 March 1969.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of four NUJP'’s, and conviction by SPCM for
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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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