DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11928-10
10 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 3 August 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 materiai error or
injustice.
You enlisted in the Navy and began a period of active duty on
27 August 1969 at age 17. You received nonjudicial punishment
(NTP) on three occasions for assault, two instances of
unauthorized absence (UA) from your unit for a periods totaling
23 days, dereliction in the performance of duty, failure to obey
a written order and being disrespectful in language toward a
petty officer. On 21 October 1971, you were arrested by civil
authorities in Silver City, New Mexico, for reckless driving and
driving while intoxicated. You were sentenced to 27 days in
Grant County jail. You were counseled regarding your misconduct
and warned that further offenses could result in administrative
separation. On 12 December 1972, you were convicted by summary
court-martial (SCM) of two instances of UA from your unit for a
period totaling 39 days. On 6 January 1973, you Signed a
Statement that you voluntarily accepted a general discharge for
the convenience of the government. On 23 January 1973, you
received an early separation under honorable conditions and were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service, and overall record. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge or a change in your reenlistment code, given
the seriousness of your misconduct that resulted in three NUPs, a
SCM, and periods of UA that totaled over two months. The Board
also believed that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when a Sailor has committed misconduct such as
yours. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board also noted that you should contact the Department of
the Navy, Navy Personnel Command (BUPERS), Code PERS-3C, 5720
Integrity Drive, Millington, TN 38055-3120 to request that you be
issued the Presidential Unit Citation and administrative
corrections be made to your Certificate of Discharge or Release
from Active Duty (DD Form 214).
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,
\ nas
W. DEAN P R
Executive radior
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