DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3926-09
23 April 2010
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 14 April 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 enlisted in the Navy and began a period of active duty on 19
June 1963 at age 22. You received nonjudicial punishment (NJP)
twice on 4 September 1964 and 31 December 1965, for failure to go
to your appointed place of duty and assault. On 17 May 1966 and
12 July 1966, you were convicted by two summary courts-martial
(SCM) of unauthorized absence (UA) from your unit, wearing the
improper uniform, disobeying a lawful order and disrespect to a
petty officer. On 8 September 1966, you were convicted by
special court-martial (SPCM) of UA from your unit, and breaking
restriction. The sentence imposed was 60 days confinement,
forfeiture of pay, reduction in paygrade and a bad conduct
discharge (BCD). The Board of Review remitted the BCD. On 16
May 1967, you received. NUP for failure to appear for watch and
failure to obey a lawful order. On 12 June 1967, you were again
convicted by SPCM of UA from your appointed place of duty,
missing ship's movement and assault. The sentence imposed was
120 days confinement, forfeiture of pay and a BCD. You requested
suspension of the BCD and restoration to earn an honorable
discharge. On 20 October, you waived restoration and requested
the BCD, saying in part, you disliked the Navy”. You received
the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NUPs, two SCMs and two SPCMs. Finally, the
Board noted that you were given an opportunity to earn a better
characterization of service when the BCD you received at an
earlier court-martial was suspended, but failed to do so as
evidenced by your continued misconduct. Concerning your alleged
mental problem post traumatic stress disorder, there is no
indication in the record that such problems, if they existed at
the time of your service, were so serious as to excuse you of
responsibility for your actions or were sufficiently mitigating
to warrant recharacterization. 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,
loa G ,
W. DEAN PF
Executive D r
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