DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3739-12
21 February 2013
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 20 February 2013. 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 3 September 1964 and immediately
began a period of active duty. You served for about nine
months without disciplinary incident, however, on 28 June 1965,
you received nonjudicial punishment (NJP) for underage drinking.
On 22 November 1965 you were convicted by summary court-martial
(SCM) of a seven day period of unauthorized absence (UA),
breaking restriction, and disrespect. Shortly thereafter, on 7
January and again on 9 June 1966, you received NJP for
disrespect, dereliction of duty, and misbehavior as a sentinel.
On 17 February 1967 you were convicted by special court-martial
(SPCM) of a 38 day period of UA. You were sentenced to
confinement at hard labor for three months and reduction to
paygrade E-1. Subsequently, you were processed for an
administrative separation by reason of convenience of the
government due to being a burden to the command as evidenced by
your attitude and overall performance which rendered you
nonpotential petty officer material. After waiving your
procedural rights, your commanding officer recommended a general
discharge by reason of convenience of the government due to
command burden. This recommendation also noted your three NJPs
and two court-martial convictions. The discharge authority
approved this recommendation and directed discharge under
honorable conditions, and on 23 May 1967 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 the characterization of your
general discharge, and the passage of time. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
misconduct which resulted in three NUJPs and conviction by SCM and
SPCM. Further, Sailors with an extensive record of misconduct,
such as yours, normally receive discharges under other than
honorable conditions, and as such the Board noted that you were
fortunate to receive a general characterization of service.
Finally, no discharge is automatically upgraded due solely to the
passage of time or an individual’s good post service conduct or
request. 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,
Ww. ee
Executive ector
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