DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04436-11
15 February 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 14 February 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
21 September 1973. The Board found that during the period from
28 February to 1 August 1974, you received four nonjudicial
punishments (NUJP’s) for abandoning your duty section, 10
instances of unauthorized absence (UA) totaling 44 days, absence
from your appointed place of duty, and wrongful possession of
Marijuana. On 10 September 1974, you received a general
discharge by reason of unsuitability due to apathy and/or
defective attitude. You were afforded all of your procedural
rights including the opportunity to submit a statement on your
behalf.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your relatively
short period of service and the reason you were discharged.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your service given
your four NJP’s in such a short period of time for serious
offenses and defective attitude. 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,
\s Naan
Executive Ye
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