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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 8056-12
23 October 2012
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 16 October 2012. 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 19 October 1964 at age 17. You
served for about a year and eight months without disciplinary
incident, but during the period from 24 June 1966 to 5 February
1967 you received nonjudicial punishment (NJP) on five occasions
for absence from your appointed place of duty, making a false
official statement, a one day period of unauthorized absence
(UA), failure to go to your appointed place of duty, and failure
to obey a lawful order. On 25 May 1967 you were convicted by
special court-martial (SPCM) of missing the movement of your
ship, a 17 day period of UA, and possession of a false
identification card.
On 4 January 1968 you were convicted by summary court-martial
(SCM) of two periods of UA totalling five days. Shortly
thereafter, on 21 February 1968, you received your sixth NJP for
absence from your appointed place of duty. Subsequently, you
were processed for an administrative separation by reason of
unfitness due to frequent involvement of a discreditable nature
with military authorities. After waiving your procedural right
to consult with legal counsel and to present your case to an
administrative discharge board (ADB), your commanding officer
recommended discharge under other than honorable conditions by
reason of unfitness. The discharge authority approved this
recommendation and directed your commanding officer to issue you
an undesirable discharge by reason of unfitness, and on 19 April
1968, 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, brief period of satisfactory service, Vietnam
service, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your frequent and repetitive misconduct which resulted in six
NJPs and two courts-martial convictions. Finally, you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB. 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 ITijustice.
Sincerely,
ROBERT D~ZSALMAN
Acting Executive Director
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