DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05791-10
10 March 2011
This ig 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 March 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 3 September 1963. On 18 January
1965, you received nonjudicial punishment (NOP) for being in an
unauthorized absence (UA) status for one day. On 16 July 1965,
you were convicted by a special court-martial (SPCM) of being UA
for 15 days. You were sentenced to forfeitures of $110, and
confinement at hard labor for one month. On 10 August 1965, and
16 March 1966, you received NUP for failure to obey a lawful
order. On 6 May 1966, you were convicted by your second SPCM of
being UA 29 days, and missing the movement of your ship. You
were sentenced to forfeitures of $249, and confinement at hard
labor for three months. Your misconduct continued and on 18
November 1966, you received NUP for being UA one day, missing the
movement of your ship, and failure to obey a lawful order. On 30
November 1966, you received your fifth NIP for failure to obey a
lawful order, and being disrespectful toward a petty officer. On
30 November 1966, you were advised that your commanding officer
was recommending you for administrative separation with an other
than honorable (OTH) discharge due to unfitness. You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged with an OTH
by reason of unfitness. On 8 February 1967, the discharge
authority directed an OTH discharge by reason of unfitness. On
28 February 1967, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
‘that these factorg were not sufficient to warrant changing the
* characterization ‘of; your discharge, given your record of five
WgP'’s and convictions by two SPCM’s of misconduct. The Board
also noted that you’waived the right to an ADB, your best
opportunity for retention or a better characterization of
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
Executive or
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