DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05129-10
10 February 2011
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 9 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 on 26 April 1966, at the age of 18. On
16 May 1966, you received nonjudicial punishment (NUP) for being
in an unauthorized absence (UA) status. On 27 June 1967, you
were convicted by a summary court-martial (SCM) of being UA on
two occasions, totaling 15 days and missing the movement of your
ship. You were sentenced to a forfeiture of $50, and restriction
for 60 days. On 8 January 1968, you were convicted by a second
SCM of being UA for two periods totaling 50 days. You were
sentenced to a forfeiture of $30, reduction in pay grade, and
confinement at hard labor for 25 days. On 3 January 1969, you
were convicted by a special court-martial (SPCM) of being UA for
two periods totaling 256. You were sentenced to a forfeiture of
$582, confinement at hard labor for six months, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 29 May 1969, after appellate review, you were so
discharged.
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 your record of one NUP and convictions by
two SCM’s and one SPCM. 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.
Cofisequently, 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,
\s
W. DEAN
Executive
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