¥) DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
hi ae
“Sine
TAL
Docket No: 5407-10
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
injustice.
You enlisted in the Navy and began a period of active duty on
27 June 1963 at age 20. On 11 December 1963, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for two days. On 4 February 1964, you received NUP for
UA from your unit. On 10 August 1964, you were convicted by
special court-martial (SPCM) of UA from your unit for a period of
12 days and missing your ship's movement. The sentence imposed
was confinement for two months and forfeiture of pay. On
2 November 1965, you received NUP for sleeping on watch. On
2 November 1966, you received NUP for failure to go to your
appointed place of duty. On 6 July 1967, you were again
convicted by SPCM of failure to go to your appointed place of
duty, UA from your unit for a period of 125 days, and breaking
restriction. The sentence imposed was confinement for four
months, forfeiture of pay, reduction in paygrade and a bad
conduct discharge (BCD). Your waived your right of restoration
to duty. On 12 October 1967, 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 four NUJPs, two SPCMs and periods of UA totaling over
four months. Finally, the Board noted that you waived your right
to request restoration to duty. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted thatathe circumstances of your case are such that
‘favorable action cannot be taken. You are entitled to have the
Board reconsider it 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. DI] f
Executive ator
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