DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
‘BUG
Docket No: 3231-13
4 February 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 4 February 2014.. Your allegations of error and
injustice were reviewed in aetnrdance 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 that the evidence submitted was
insufficient to establish the existence of probable material.
error or injustice.
You enlisted in the Navy and entered a period of active duty on
23 May 1960. You received nonjudicial punishment on three ,
occasions, and were. convicted by a summary court-martial and a
special court - martial. Your offenses included absence from your
appointed place of duty (two instances), unauthorized absence
_ (two periods totaling 31 days), disobeying a lawful order, and
failure to obey a lawful order. Your commanding officer then
recommended you for: administrative separation with an other than
honorable (OTH) characterization of service discharge due to
misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 5S March 1963, you
received an OTH characterization of service discharge due to
misconduct.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
_ current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
acts of misconduct. The Board particularly noted that you _
waived the right to an ADB, your best opportunity _for retention ~
or a better characterization of service. Finally, you are
advised that no discharge is upgraded automatically due solely
to the passage of time or post service good conduct. In view of
the above, 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 tha
“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, .
ROBERT D. ZSALMAN
- Acting Executive Director
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