DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1415-10
26 October 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 20 October 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 17 April 1972 at age 18 and began a
period of active duty on 10 May 1972. You served without
disciplinary incident until 14 April 1973, when you received
nonjudicial punishment (NJP) for a two day period of unauthorized
absence (UA). On 25 June 1973 you received NUP for six periods
of absence from your appointed place of duty and a one day period
of UA. About seven months later, on 30 January 1975, you were
convicted by summary court-martial (SCM) of two periods of UA
totalling 104 days and were sentenced to confinement at hard
labor for 30 days, reduction to paygrade E-1, and a §120
forfeiture of pay.
On 26 February 1976 you were convicted by special court-martial
(SPCM) of four periods of UA totalling 135 days. You were
sentenced to confinement at hard labor for 75 days, a S600
Forfeiture of pay, and a bad conduct discharge (BCD). However,
three months later, on 17 May 1976, you began another period of
UA. As a result, on 93 July 1976, you were again convicted by
SPCM of a 44 day period of UA and sentenced to confinement at
hard labor for three months, a $720 forfeiture of pay, and a BCD.
Subsequently, the BCD was approved at all levels of review and on
4 May 1977 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
.@ischarge so that you would be eligible for medical benefits. It
Falso considereg,your assertion of racism. Nevertheless, these
4£actors were, ot sufficient to warrant recharacterization of your
» discharge because of’ the seriousness of your repetitive
misconduct which included frequent and lengthy periods of UA from
»the.Navy and resulted in two NUPS, a SCM, and two SPCMs.
Finally, the Board noted that you were sentenced to a BCD at an
earlier court-martial, but began another period of UA, thus
removing any opportunities you may have had to earn a better
characterization of service. 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,
Vo Don SQ,
W. DEAN ‘PF
Executive Oo
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