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NAVY | BCNR | CY2013 | NR8230 13
Original file (NR8230 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 8230-13
5 September 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 4 September 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 11
May 1962. You received nonjudicial punishment on three
occasions, and were convicted by two summary courts-martial and
a special court-martial. Your offenses inciuded four periods of
unauthorized absence totaling one day, failure to obey a lawful
order, larceny, and being drunk and disorderly. You also
received four letters of indebtedness, were insubordinate, used
provoking speech and gestures, uttered an insufficient funds
check, and sped with your automobile for which no disciplinary
action was taken. Your commanding officer then recommended you
for administrative separation with an other than honorable (OTH)
characterization of service discharge due to misconduct. You
waived your procedural right to an administrative discharge
board (ADB). On 5 June 1964, you received an OTH
characterization of service discharge due to misconduct.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, family
problems, remorse, post service good conduct, and current desire
to upgrade your discharge. However, the Board concluded that
fyour discharge should not be changed due to your numerous acts
2f misconduct. The Board noted that you waived your right to an
ios. your best opportunity for retention or a better
characterization of service. Finally, you are advised that no
discharge is upgraded automatically due solely to the passage of
time or post service good conduct. In view of the above, 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,

 

ROBERT J. O'NEILL
Executive Director

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