DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
' TIR
Docket No: 5291-13
30 May 2014
States Code, Section 1552.
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. . fa : co
You. reenlisted inthe Navy after four years of prior satisfactory
service. You continued to serve for about eight months without
disciplinary incident, however,. during the period from 9 April .
1965 to 6 May 1968, you received nonjudicial punishment (NJP) on
three occasions, were convicted by civil authorities, a summary
court-martial (SCM), and special. court-martial (SPCM) on three ©
occasions. Your offenses were failure to obey a lawful order,
five specifications of disobedience, using provoking language,
insolence in language, insubordination, resisting apprehension,
two specifications of assault, wrongfully wearing civilian
clothes, carrying a. concealed weapon, 31 days of unauthorized
absence '{UA)., disrespect, communicating a threat, drunk and
disorderly conduct, and petty theft.
The record reflects that you: wrongfully discharged a firearm, _
specifically, an M-16 rifle and communicated a threat to another
Sailor. As a result of the foregoing misconduct, on 7 October
1968, you submitted a written request for an other than honorable
discharge in order to avoid trial by court-martial. Prior to
submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. On 11 October 1968, your request was granted and the
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. Asa
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 14 November 1968 you
were issued an other than honorable discharge.
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, prior satisfactory
service, and Vietnam service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which resulted in three NUPs, four courts-martial
convictions, and conviction by civil authorities. The Board
believed that considerable clemency was extended to you when your
request for discharge to avoid trial by court-martial was
approved. Further, the Board concluded that you received the
benefit of your bargain with the Navy when your request for -
discharge was granted and you should not be permitted to change
it now. 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,
ROBERT D. 2@
Acting Executive Director .
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