DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3849-13
19 March 2014
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 2014. 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 that 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
7 Jurie 1972 at age 17. On 22 June 1972, you received _
_nonjudicial: punishment: (NJP) for unauthorized absence (UA) from
“your unit for one day and wrongful appropriation of a class
ving, the property of another recruit. On 28 July 1972, you .
were in a UA status ‘from your unit until you surrendered on
2 August 1972, a period of seven days. On 30 October 1972, you
were in hands of civil authority: _On 1 December 1972; you were.
. convicted of interstate trarisportation of, a stolen car and
_ forgery. You were adjudged to be a juvenile delinquent, and put
in the custody of: the Attorney General to serve a term in the _
- Federal Youth Center until 6 June 1976. . You were notified of |
pending administrative discharge processing with a general
characterization due to misconduct. You waived all of your
procedural rights. On 5 June 1973, you received the general
under honorable conditions discharge for misconduct in absentia.
.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 nok sufficient to warrant recharacterization
‘tof your discharge given the seriousness of your misconduct that
‘resulted in an NJP and a civil conviction. ~ The Board also
believed that you were fortunate to receive a general discharge
. Since a characterization under other than honorable conditions
is often directed when a Sailor is administratively separated
for misconduct. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request. -_ .
The Board recommended. that you should contact the Department of
the Navy, Navy Personnel Command (BUPERS), Code Pers-3C, 5720
Integrity Drive, Millington, TN: 38055-3120 to request. the
administrative corrections be made to your Certificate of
Discharge or Release from Active Duty. (DD Form 214) such as, but
not inclusive of, your date of birth, social security number, or
record of service. > .
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
.Maval 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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