DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 06652-10
4 April 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 30 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 19 June 1965. On 3 October 1965, you
were arrested by the Shelby County Sheriff and charged with
larceny. On 4 October you commenced a period of unauthorized
absence (UA) for 87 days. On 9 November 1965, you were convicted
of larceny, sentenced to 30 days confinement, and a fine of $25.
On 12 January 1966, you submitted a request for a general
discharge to escape trial by court-martial for the period of UA.
On 24 January 1966, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions (OTH) by reason of misconduct. You waived your
procedural right to an administrative discharge board (ADB). On
3 February 1966, the discharge authority directed an OTH
discharge by reason of misconduct. On 17 February 1966, you were
so discharged.
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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 civil conviction and
period of UA. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
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
tevidence or othgr 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,
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W. DEAN PFE
Executive Digvgeetor
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