DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 -
ARLINGTON, VA 22204-2490
TUR
Docket No: 4153-12
14 March 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 12 March 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 2 May 1969 and immediately began a
“period of active duty.. You served without disciplinary incident
until 3 September 1969, when you received nonjudicial punishment
(NUP) for a one day period of unauthorized absence (UA) and
failure to obey a lawful order.
On 3 February and again on 20 July 1970 you were convicted by
summary court-martial (SCM) of five periods of UA totalling 60
days. On 5 November 1970 you received your second NUP for
failure to go to your appointed place of duty.
- 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 being a command burden. This
recommendation also noted your two NUJPs and two court-martial
convictions. The discharge authority approved this
recommendation and directed discharge under honorable conditions,
and on 9 November 1970 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. sericusness of your repetitive
misconduct which resulted in two NUPs and conviction by two SCMs.
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,
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