DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 07210-09
11 May 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 7 May 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 or
injustice.
Following a thorough review of your naval record the Board found
that civil authorities convicted you of driving without the
owner's consent. You received two nonjudicial punishments
(NUOP’s) for use of a controlled substance and unauthorized
absence (UA), were convicted by summary court-martial (SCM) of
10 days of UA, and were convicted by two special courts-martial
(SPCM) of three periods of UA totaling 41 days. As a result of
your second SPCM, you were sentenced to receive a bad conduct
Gischarge (BCD). However, the BCD was suspended for a period of
six months. On 8 December 1967, you began a period of UA that
lasted 229 days, ending on 25 July 1968. Consequently, your BCD
was vacated and you were discharged on 6 November 1968 after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and contention that
your misconduct was due to your alcohol problems. Nevertheless,
taste.
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your civil conviction,
two NJP’s, SCM, and convictions by two SPCM’s for very serious
misconduct. Concerning your contention that your use of alcohol
impaired your ability to serve, there is no evidence in the
record, and you submitted none, to support it. Additionally,
alcohol abuse does not excuse misconduct, and disciplinary action
was appropriate. 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,
ROBERT D. ALMAN
Acting Executive Director
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