DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 7477-03
3 August 2004

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 27 July 2004. 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 on 28 November 19 I at age 22. On 22 April 1969 you were convicted by special court-martial (SPCM) of a 51 day period of unauthorized absence (UA) and sentenced to reduction to paygrade E-1, a $140 forfeiture of pay, and confinement at hard labor for three months. The forfeitures and confinement were suspended for three months, however, on 30 October 1969, this suspension was vacated due to your continued misconduct, specifically, a period of UA in June 1969.

On 31 March 1970 you were convicted by SPCM of two periods of UA totalling 228 days. You were sentenced to a $40 forfeiture of pay, confinement at hard labor for 60 days, and a bad conduct discharge (BCD). About a month later, on 28 April 1970, you submitted a written request for immediate execution of the BCD, in which you stated, in part, as follows:
My reasons for not wanting to be restored to duty is because I have a wife and children at home and I owe more of a responsibility to them than I could to the Navy. And a cut in my sentence would mean I could go home and immediately start work and help with my problem at home.

Subsequently, the BCD was approved at all levels of review and on 6 October 1970 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that you completed your full term of service and were unjustly discharged. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive and lengthy periods of UA, and your request for immediate execution of the BCD. 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.

2