DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 11741-09
11 August 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 10 August 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 and began a period of active duty on
26 May 1965. The Board found that you received nonjudicial
punishment (NUP) for eight days of unauthorized absence (UA),
were apprehended by civil authorities for burglary and attempted
murder, and were convicted by three special courts-martial
(SPCM's) of three periods of UA totaling 216 days, and missing
movement. As a result of your last SPCM, you were sentenced to a
forfeiture of pay, confinement at hard labor, and a bad conduct
discharge (BCD). You received the BCD on 23 August 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 and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NUP and three
SPCM convictions for periods of UA totaling over seven months,
and the serious offense of missing movement. 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
$tesumption of regularity, attaches to all official records.
‘onsequently, when applying’ for a correction of an official naval
ecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
P.
ge — me dig
Sincerely,
W. . DEAN PFET
Executive Di £
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