DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3651-10
9 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, Daited
States Code, Section 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 February 2011. 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 reenlisted in the Navy on 10 October 1967 after nearly 15
years of prior honorable service. You served without
disciplinary infraction until 21 August 1970, when you received
nonjudicial punishment (NUP) for an 11 day period of unauthorized
absence (UA).
On 9 May 1972 you were convicted by special court-martial (SPCM)
of two periods of UA totalling 212 days. On 18 October 1972 you
received NUP for an 89 day period of UA. Shortly thereafter, on
23 October 1972, you began another period of UA that was not
terminated until you were apprehended by civil authorities on 14
March 1973. However, the record does not reflect the
disciplinary action taken, if any, for this period of UA.
Your record contains an administrative remarks entry dated 10
April 1973, which states, in part, that you voluntarily accepted
discharge for the convenience of the government. As a result,
the discharge authority directed an honorable discharge by reason
of convenience of the government in accordance with an early
separation program, and on 27 April 1973, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of prior honorable service and desire to have your
discharge set aside and your length of service considered for an
early retirement. It also considered your assertion that you
should have been afforded the opportunity for early retirement.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief because of your repetitive and
lengthy periods of UA. Further, in accordance with regulatory
guidelines, your 508 days of lost time are not credited as time
served and therefore cannot be included to your length of
service. In other words, this time could not be considered in
determining the number of years served for early retirement.
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,
\Nou Pu.
W. DEAN PFEIERF
Executive Di r
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