DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5406-10
11 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
in] uBbine.
You enlisted in the Navy and began a period of active duty on
22 September 1975 at age 17. On 23 December 1975, you received
nonjudicial punishment (NOP) for four instances of unauthorized
absence (UA) from your unit for a period totaling 60 days. On
7 January 1976, you were notified of pending administrative
separation action by reason of your unsuitability due to apathy
and the inability to adapt to military service. You were
afforded all of your procedural rights including the opportunity
to submit a statement on your behalf. On 14 January 1976, the
separation authority approved the separation and you were
discharged under honorable conditions on 20 January 1976.
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 a change in your
characterization of service given the seriousness of your
misconduct that resulted in 60 days of UA and your inability to
adapt to military 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,
W. DEAN PF
Executive
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