DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01092-12
25 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ef 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 24 October 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 on 14 September 1962, at age 17. On 9
September 1963, you received nonjudicial punishment (NJP) for
being in an unauthorized absence (UA) status for over 13 hours.
On 20 September 1963, you were convicted by the Municipal Court
in Lakewood, New Jersey, of disorderly conduct. You were
sentenced to a fine of $150, and 30 days confinement. On 13
December 1963, you were convicted by a special court-martial
(SPCM) of assault. You were sentenced to a forfeiture of $30,
and confinement at hard labor for 30 days. On 15 October 1965,
you were convicted by a SPCM of being UA for 113 days. You were
sentenced to a forfeiture of $250, reduction in pay grade, and
confinement at hard labor for five months. On 4 December 1964,
you were convicted by the Providence, Rhode Island, District
Court of carrying a concealed weapon. You were sentenced to a
fine of $33.50. On 23 December 1964, you received NUP for being
UA on two occasions, violating of a command instruction, and
resisting apprehension. On 23 and 24 April 1965, you were
convicted by the District Court in Providence, Rhode Island, of
drunkenness, and carrying a concealed weapon. You were
sentenced to a fine and required to pay bail of $500. On 10 May
1965, you commenced a period of UA which lasted 10 days when you
were apprehended. On 30 August 1965, you were convicted by the
Jefferson County Court in Birmingham, Alabama, of burglary. You
were sentenced to confinement for one year, which was suspended,
and placed on probation for two years. On 26 October 1965, a
Field Board conducted a review of your record and recommended
that you be administratively separated. On 10 November 1965,
you were advised that your commanding officer was recommending
you for administrative separation with an undesirable discharge
(UD) due to misconduct. You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 28 December 1965, your commanding otticer
forwarded his recommendation that you be discharged with a UD
characterization of service by reason of misconduct - frequent
involvement. On 11 January 1966, the discharge authority
directed a UD discharge by reason of misconduct (frequent
involvement. On 7 February 1966, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of two
NJP's, five civil convictions, and convictions by two SPCM’s, of
misconduct. The Board also noted that you waived the right to
an ADB, your best opportunity for retention or a better
characterization of service. 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 itjuetice.
Sincerely,
ROBERT D ALMAN
Acting Executive Director
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