DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
TIR
Docket No: 5272-13
21 May 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 14 May 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. Sa, De ta, ,
You enlisted in the Navy and began a period of active duty on 28
March 1962. You served for a year without disciplinary incident,
but on 29 April ahd again on 17 August: 1963, you received
nonjudicial punishment (NIP) for absence: from your appointed
place of duty and failure to obey a lawful order.
On 29 January 1965 you. were convicted by special court-martial
(SPCM) of two periods of unauthorized absence (UA) totalling 209
days and: breaking restriction. You were sentenced to confinement
at hard labor for five m6nths, a $370 forfeiture of pay,
reduction-to paygrade E-1, anda bad conduct discharge (BCD}. On
19 April 1965 you submitted.a written request for immediate
execution of the BCD. The BCD was subsequently approved at all
levels of review, and on 28 -May 1965,’ you were so discharged.
The Board,-in its. review of ‘your entire ‘record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and explanation for your
period of UA. Nevertheless, thé Board concluded these factors
~
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct and
lengthy periods of UA. 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,
Te 2,
ROBERT D. ALMAN
Acting Executive Director
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