DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9573-09
16 July 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 July 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.
You enlisted in the Navy on 15 April 1969 at age 18 and served
for about five months without disciplinary infraction, but during
the period from 3 September 1969 to 24 November 1970, you were in
an unauthorized absence (UA) status on four occasions. Asa
result, on 20 August 1970, you were convicted by special court-
martial (SPCM) of four periods of UA totalling 265 days. You
were sentenced to confinement at hard labor for four months, a
$200 forfeiture of pay, reduction to paygrade E-1, and a bad
conduct discharge (BCD). Subsequently, you submitted a written
request for immediate execution of the BCD, stating in part, that
you could not adjust to the Navy. In September 1970 the BCD was
approved at all levels of review, and on 15 June 1971 you were
issued a BCD.
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. It also
considered your assertion of personal family matters occurring at
the time you were serving in the Navy, which presumably resulted
in your periods of UA. Nevertheless, these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA from the Navy which resulted in a SPCM. There is no
evidence in the record, and you provided none, to support your
assertion. 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,
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