DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
TAL
Docket No: 4083-11
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
28 April 1972 at age 17. On 17 May 1974, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty, willfully disobeying a lawful order from a
superior officer, insubordinate conduct toward a superior
noncommissioned officer and two instances of failure to obey a
lawful general regulation. On 21 May 1974, you were notified of
pending administrative discharge processing with a general
discharge due to unfitness. You waived all of your procedural
rights, including your right to an administrative discharge board
(ADB). On 7 June 1974, you were discharged with a general
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. The Board
believed you were fortunate to receive a general characterization
of service, because Sailors who have committed misconduct such as
yours often times receive other than honorable discharges.
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.
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 offieral 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,
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