DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
SUN
Docket No: 03088-10
10 January 2012
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 5 January 2012. 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 active duty on
29 May 1963. During the period from 16 December 1963 to 19
October 1965, you received four nonjudicial punishments (NJP’s)
for three periods of unauthorized absence (UA) totaling 12 days,
dereliction of duty (sleeping on watch), and disobedience
(introducing a habit forming drug on board ship). On 11 April
1966, you were convicted by SPCM of UA, and missing movement
through neglect. On 17 August 1966, you were arrested and
convicted by civil authorities of soliciting for prostitution.
On 8 September 1966, you received a fifth NUP for two periods of
UA totaling 17 days and breaking restriction. Subsequently,
administrative discharge action was initiated and it was
recommended that you receive an undesirable discharge by reason
of unfitness. You were notified of pending administrative
gpeparation action. After being informed of your procedural
rights, your case was forwarded recommending that you received
an undesirable discharge. On 27 September 1966, the convening
authority concurred and directed and undesirable discharge. On
17 and 20 October 1966, you received NJP for 13 days of UA and
disobedience. You were so discharged on 2 November 1966.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and post
service accomplishments. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization -
of your discharge given your seven NJP’s, civil conviction, and
conviction by SPCM. Finally, the Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service. 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,
a Qed
W. DEAN PFETIRF
Executive Dil oO
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