DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket Neo: 6783-13
24 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 16 July 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 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
22 July 1965 at age 17. On 29 June 1977, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit. On 7 September 1966, you were convicted by summary
court-martial (SCM) of UA from your unit for a period totaling
17 days. On 24 September 1966, you received NJP for failure to
go to your appointed place of duty. On 7 June 1967 you were
convicted by special court-marital (SPCM) of three instances of
UA from your unit for a period totaling 20 days and missing
ship's movement. The sentence imposed was confinement,
forfeiture of pay and reduction in paygrade. On 6 December
1967, you were again convicted by SPCM of UA from your unit for
a period totaling 41 days and breaking restriction. The
sentence imposed was a forfeiture of pay, confinement and a bad
conduct discharge (BCD). On 26 March 1968, you received NJP for
UA from your unit for a period of five hours and altering an
Armed Forces identification card. On 23 May 1968, you received
the BCD after appellate review was complete.
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 not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
, resulted in three NJPs, an SCM and two SPCMs. Finally, there is
no provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
Accordingly, 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 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,
7 ee RSC
ROBERT D. ZSALMAN
Acting Executive Director
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