DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 5484-11
8 March 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 6 March 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.
You enlisted in the Navy on 29 January 1963 at age 20 and
immediately began a period of active duty. You served without
disciplinary incident until 16 October 1963, when you received
nonjudicial punishment (NUP) for two specifications of
dereliction of duty and signing a false official document.
On 1 September and again on 11 November 1964 you received NJP for
larceny and misbehavior as a sentinel. About five months later,
on 21 April 1965, you received NJP for wrongful appropriation.
Subsequently, you were processed for an administrative separation
by reason of unfitness due to repeated military offenses. After
waiving your procedural rights, on 27 May 1965, your commanding
officer recommended an undesirable discharge by reason of
unfitness. However, on 22 June 19865, the discharge authority
approved the discharge recommendation but directed
characterization of service as general under honorable conditions
by reason of unfitness, and on 13 July 1965, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your general
discharge because of the seriousness of your misconduct which
resulted in four NUJPs. Further, Sailors with a record of
misconduct such as yours who are discharged by reason of
unfitness normally receive undesirable discharges, and as such,
the Board concluded you were fortunate to have received a general
discharge. Finally, no discharge is upgraded due solely to the
passage of time. 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,
Saeed
Executive D
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