DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01693-10
25 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 21 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You entered active duty in the Navy on 2 October 1964, and served
without disciplinary incident until 23 February 1965, when you
were convicted at a summary court-martial (SCM) of sleeping on
watch. Shortly thereafter, you received the following
disciplinary actions: on 20 May 1965, you received nonjudicial
punishment (NJP) for failure to obey a lawful order, and two
specifications of an unauthorized absence (UA); on 25 August
1966, you received NUP for two specifications of UA; on 15
December 1966, you were convicted at a SCM of sleeping on watch,
and UA; on 5 October 1967, you received NJP of UA in excess of 10
days; on 30 January 1969, you were convicted at a special court-
martial (SPCM) of UA in excess of 27 days. On 12 March 1969, you
pled guilty at a SPCM to three specifications of UA in excess of
24 days. Prior to trial you agreed to plead guilty to these
charges if you were issued a general discharge. Therefore, on 13
March 1969, you were separated within three months of your
expiration of service with a general discharge in accordance with
your pre-trial agreement.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. The Board noted
that you were fortunate to receive a general discharge, since
individuals who have committed misconduct such as yours normally
receive an other than honorable characterization of service.
Accordingly, your application has been denied. The names and
votes of the menbers 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
fBoard reconsider its decision upon submission of new and material
tevidence 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,
W. DEAN PFE
Executive Di
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