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NAVY | BCNR | CY2010 | 03549-10
Original file (03549-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100

 

REC
Docket No: 03549-10
17 February 2011

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 16 February 2011. 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
15 September 1964. On 25 March 1965, you received nonjudicial
punishment (NJP) for being drunk and disorderly. On 20 April

1965, you received NUP for damaging government property. On 21
July 1965, you received NUP for being derelict in the performance

of your duties. On 17 August 1965, you received NUP for wrongful
appropriation of a Bowie knife. On 3 November 1965, you were
convicted by a special court-martial (SPCM) of being in an
unauthorized absence (UA) status for 24 days. You were sentenced
to forfeitures of $120, reduction in pay grade, and confinement
at hard labor for 60 days. On 23 November 1965, administrative
separation action was initiated by reason of unfitness. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you receive
a general discharge by reason of unfitness. The discharge
authority directed a general discharge by reason of unfitness.
You were so discharged on 9 December 1965.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of four NUP’s, and conviction by a SPCM. The
Board also noted that you were fortunate to receive a general
discharge since a separation under other than honorable
conditions is often directed when an individual is found to have
committed misconduct. 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,

ee

Executive D

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