DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4061-11
19 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 12 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 and began a period of active duty on
30 March 1962 at age 17. On 1 November 1962, you received
nonjudicial punishment (NUP) for failure to go to your appointed
place of duty and failure to obey a lawful order. On 28 January
1963 you were convicted by special court-martial (SPCM) of
unauthorized absence (UA) from your unit for a period totaling
17 days. The sentence imposed was reduction in paygrade, anda
forfeiture of pay. On 7 November 1963, you received NJP for UA
from your unit for a period of 14 days and missing ship’s
movement. On 16 March 1964, you were convicted by summary court-
Martial (SCM) of dereliction in the performance of duty.
On 9 January 1965, you again received NUP for failure to go to
your appointed place of duty. You remained on active duty until
you completed your active duty obligation on 3 February 1965,
when you were discharged under honorable conditions.
Characterization of service is based in part on conduct mark
averages computed from marks assigned on a periodic basis. Your
conduct average was 1.98. At the time of your service, a conduct
average of 3.00 was required for a fully honorable
characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NUJPs, a SCM, a SPCM and failure to attain the
required average in conduct. 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,
Ly Doane te
W. DEAN PFEI
Executive Direetor
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