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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
iy
CRS .
Docket No: 6500-09
2 October 2009
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 30 September 2009. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice..
The Board found that you enlisted in the Navy on 12 January 1965.
You received nonjudicial punishment and were convicted -by a
special court-martial for offenses that included an unauthorized.
absence and violation of a lawful general order.
‘AR gecond special court-martial convened on 7 November 1968 and
found you guilty of an unauthorized absence, destruction of
personal property, wrongful appropriation of personal property,
theft of navigator’s equipment and a foul weather jacket,
unlawfully entering the commanding officer’s stateroom, drunk and
@isorderly conduct, unlawfully entering the ship’s armory,
unlawfully entering the repair locker, and unlawfully entering
the operations officer’s stateroom. The court sentenced you to
‘confinement at. hard labor for six months, forfeiture of $97.00
per month for six months, reduction in pay grade, and a bad
conduct discharge. You were separated on 19 August 1969 with a
bad conduct discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, alleged lack
of counseling for alcohol abuse, and good post service conduct.
The Board concluded that those factors were insufficient to
warrant recharacterization of your service, given your numerous
acts of misconduct and two convictions by courts-martial.
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,
La Qoas
W. DEAN R
'- Executive reetor
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