DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 12287-09
26 August 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 25 August 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 ail 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 29
August 1974 at age 17. You received nonjudicial punishment (NJP)
on two occasions for three instances of unauthorized absence (UA)
from your unit for a period totaling 16 days and breaking
restriction. On 25 April 1975, you were notified of pending
administrative discharge processing due to unsuitability and
apathy. On 25 April 1975, you submitted a written statement
affirming your desire to be discharged from the Navy. You waived
all of your procedural rights, including your right to consult
counsel. On 30 April 1975, you received a general discharge due
to misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board believed that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when a Sailor is separated for
misconduct. Finally, concerning your contention that your date
of enlistment should be 24 August 1973 vice 29 August 1974; the
Board found that your record contains documentary evidence that
your enlistment contract was signed and dated 29 August 1974.
Accordingly, 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,
\aun GBs
W. DEAN PFE
Executive Divedtor
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