DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
REC
Docket No: 02277-11
17 January 2012
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 13
January 2012. 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 15 December 1965, at age 19. On 25 April
1968, you were convicted by a summary court-martial (SCM) of being in
an unauthorized absence (UA) status for 30 days. You were sentenced
to forfeiture of $104, reduction in pay grade, and confinement at hard
labor for 30 days. On 14 April 1970, you were convicted by a special
court-martial (SPCM} of being UA on three occasions totaling 533 days.
You were sentenced to forfeiture of $400, reduction in pay grade,
confinement at hard labor for four months, and a bad conduct discharge
(BCD). On 8 September 1970,’ after appellate review, you were so
discharged.
The Board, in its review of your application, carefully weighed ail
potentially mitigating factors, such as your youth. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of convictions
by a SCM, and SPCM of a lengthy period of UA. 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 PFEI
Executive Di ne
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