DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7521-12
15 May 2013
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 8 May 2013. 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
6 February 1964 at age 17. On 21 July 1964, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of three days. On 19 October 1964, you
were UA from your unit. On 8 November 1964, you were arrested
by civil authorities in Chicago, Illinois, on charges of
unlawful use of a weapon and criminal trespass of a vehicle. On
19 November 1964, you were convicted of the forgoing charges and
sentenced to one year of confinement. You were notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to civil conviction. You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 11 February 1965, you
received the OTH discharge for misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in a one NUP and a civil conviction. A member of the
armed services who is convicted by civil authorities may be
discharged for misconduct. The Board noted that you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time. 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,
lo Doon
W. DEAN PFEMFE
Executive Director
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