DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
- FOS. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN ;
Docket No: 5512-13
10 July 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 8 July 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
27 December 1968. The Board found that on.31 March 1970, you
were convicted by special court-martial (SPCM) of 29 days of
unauthorized absence (UA) and missing ship's movement. On
14 September 1970, you were counseled regarding your military
behavior and warned that further misconduct could result in
administrative discharge action. On 1 October 1970, you were
convicted by a second SPCM of 47 days of UA which had ended with
your apprehension. You were sentenced to a forfeiture of pay,
confinement at hard labor, and a bad conduct discharge (BCD). On
25 November 1970, you waived your right to request restoration to
full duty stating that you wanted to go home. At that time you
were granted leave without pay pending appellate review of your
SPCM. You received the BCD on 5 February 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, desire to upgrade your discharge,
and contention that you were mentally unfit for military service.
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 two SPCM convictions of serious offenses resulting in your
BCD. With regard to your contention, there is no evidence in the
record to support it, and you submitted no such evidence.
Additionally, a medical entry dated 18 November 1970 states, in
part, that you were diagnosed as not suffering from any
psychiatric or emotional disorder requiring medical attention.
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. “%SALMAN
Acting Executive Director
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