DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 07233-10
7 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 6 April 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
10 August 1972. On 24 April 1972, you received nonjudicial
punishment (NJP) for willful disobedience of a superior petty
officer. On 14 June 1973, you were convicted by special court-
Martial (SPCM) of two incidents of assault, and resisting arrest.
You were sentenced to forfeitures of $1200, reduction in pay
grade, and confinement at hard labor for six months. On 30 July
1974, you received NUP for wrongful use of marijuana. On 25
August 1974, you were notified that administrative discharge
procedures were initiated and that you would receive a general
discharge and a reenlistment code of RE-4 upon your separation.
However, your misconduct continued and on 24 September 1974, you
received your third NUP for being disrespectful toward a
commissioned officer, leaving your assigned post, and being
present in an unauthorized area. The discharge authority
directed a general discharge. You were so discharged on
i. October 1974.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of three NJP’s and one
conviction by SPCM of misconduct. The Board also noted that you
were fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when an
individual is found to have committed misconduct. 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,
VN)
\
W. DEAN PFEIF
Executive Dir
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