DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 04542-11
21 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 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 entered active duty service in the Navy on 3 December 1964,
and served without disciplinary incident until 9 February 1965,
when you were convicted at a special court-martial (SPCM) of two
specifications of unauthorized absence (UA) in excess of five
days. Shortly thereafter, on 26 April 1965, you were convicted
at another SPCM of sleeping while on post. Furthermore, on 15
June 1965, you were convicted again at a SPCM of UA in excess of
32 days and of failing to obey a lawful order. You were
sentenced to receive a bad conduct discharge (BCD). Therefore,
you were separated with a BCD and an RE-4 reenlistment code due
to your conviction at a SPCM. You received the BCD after
appellate review on 26 October 1965.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and your allegation that your offenses were minor in
nature and did not warrant a BCD. However, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
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,
US
W. DEAN
Executive Di
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