DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OT S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01441-1323
12 March 2014
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 11 March 2014. 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 and began a period of active duty on
16 May 1969. The Board found that on 23 April 1970, you were
convicted by summary court-martial (SCM) of 47 days of
unauthorized absence (UA). On 14 and 26 May 1970, you received
nonjudicial punishment (NJP) for two days of UA, being absent
from your appointed place of duty, disobedience, and
communicating a threat. On 14 October 1970, you were convicted
by special court-martial (SPCM) of 63 days of UA and use of
provoking words. You were sentenced to four months of x
confinement and a bad conduct discharge (BCD). You received the
BCD on 21 May 1971 after appellate review Was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, post service accomplishments,
character letters, and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your SCM, two NUP’s and SPCM conviction of serious offenses.
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,
Terr dk SD, Wn
ROBERT D. ZSALMAN .
Acting Executive Director
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