DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 11523-16
4 August 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 2 August 2011. The names and votes of the members
of the panei will be furnished upon request. 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
30 November 1966. The Board found that you received nonjudicial
punishment (NJP) for eight days of unauthorized absence (UA) and
breaking restriction. You were also convicted by general court-
martial (GCM) of two specifications of UA totaling 128 days and a
period of desertion that lasted 267 days. You were sentenced to
a forfeiture of pay, confinement at hard labor, a reduction in
paygrade, and a bad conduct discharge (BCD). You received the
BCD after you waived your right to request restoration on 9 April
1971, and after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, Vietnam service, desire to upgrade your discharge,
and comments by your mother. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your NJP and GCM conviction of periods of
UA totaling over 12 months. Finally, the Board noted that you
waived your right to request restoration to full duty, your best
chanee for a better characterization of service. Accordingly,
your application has been denied.
Tt 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,
Wee
Executive Diretro
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