DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9589-09
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 12 August 1964 at age 19 and served
for approximately nine months without disciplinary infraction.
However, your record reflects that during the period from 22 May
1965 to 28 August 1968 you were convicted by summary court-
martial (SCM) of stealing and by special court-martial (SPCM) on
three occasions of three periods of unauthorized absence (UA)
totalling 194 days. It also reflects that you received
nonjudicial punishment (NUP) on seven occasions for three periods
of absence from your appointed place of duty, failure to obey a
lawful order, and six periods of UA totalling 14 days.
Subsequently, you were processed for an administrative separation
by reason of unfitness due to your overall record of disciplinary
infractions. As a result of this action, the discharge authority
directed your commanding officer to issue you an other than
honorable discharge by reason of unfitness, and on 13 December
1968, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that your discharge
was partially the result of your alcohol abuse. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in seven NJPs and four court-martial
convictions for numerous disciplinary infractions, which also
included repetitive and lengthy periods of UA from the Navy.
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,
Wo QenSeou
W. DEAN PF R
Executive or
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