DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01350-12
5 December 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 4 December 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 May 1969. Although your record is incomplete, the Board found
that on 18 August 1970, you received nonjudicial punishment (NUP)
for 18 days of unauthorized absence and missing ship’s movement.
Subsequently, it appears you were processed for separation by
reason of convenience of the government due to substandard
performance and behavior or inability to adapt to military
service. After being afforded your procedural rights, your case
was forwarded to the separation authority recommending a general
Qischarge. The separation authority concurred and directed that
you receive a general discharge. You were so discharged on
28 August 1970.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP for the serious offense of missing ship's movement
and substandard performance. The Board believed you were
fortunate to receive a general characterization of service, since
Sailors who are separated for misconduct such as yours normally
receive other than honorable discharges. 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,
Lda
W. DEAN PFET
Executive Director
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