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NAVY | BCNR | CY2011 | 03702-11
Original file (03702-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 03702-11
27 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 24 January 2012. The names and votes of the
members of the panel 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.

On 3 December 1965, you reenlisted in the Navy after three years
of honorable service. The Board found that you received two
nonjudicial punishments (NJP’s) for unauthorized absence (UA)
and absence from your appointed place of duty. On 28 July 1966,
you were convicted by special court-martial (SPCM) of three
specifications of UA totaling 45 days, disobedience, two
specifications of breaking arrest, and breaking restriction.

You were sentenced to confinement at hard labor, a forfeiture of
pay, a reduction in paygrade, and a bad conduct discharge (BCD).
You received the BCD on 12 December 1966 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, prior honorable service, post service
accomplishments, character letters, and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two NJP’s and S$PCM conviction of very serious
offenses. Finally, on 7 November 1966, you waived your right to
request restoration to full duty stating, in part, “T am feed up
with the military life and I can't see going back to duty".
Accordingly, your application has been denied.

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,

Wee

Executive Dike

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