DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10511-09
8 July 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 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 19 February 1969. You received nonjudicial
punishment (NJP) on eight occasions for unauthorized absence
(three specifications totaling over 29 days), disobeying a
lawful order, sleeping on watch (two specifications), failure
to prepare for an inspection, breaking restriction, and
wrongfully bringing alcoholic beverages aboard ship. You were
notified that your commanding officer was recommending you for
administrative separation with a general discharge due to
unfitness. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 31
August 1970, you received a general discharge due to unfitness,
and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, and
current desire to upgrade your discharge. However, the Board
concluded that your general discharge should not be changed due
to your numerous acts of misconduct. The Board found that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. The Board
noted that you were fortunate to receive a general discharge,
since normally when Sailors are administratively separated for
unfitness, they receive an other than honorable
characterization of service. In view of the above, 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,
\No»d
W. DEAN PF R
Executive or
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