DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD~SJN
2 NAVY ANNEX
					WASHINGTON DC 20370-5100	

	                                			SJN
									Docket No: 09258-03
									5 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 3 August 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 enlist in the Navy on Tune 196 a age 18. During t7he period from 27 September 1966 to 22 April 1968, you received  --nonjudicial punishments (NJP) for an unauthorized absence (UA) for two days, failure to obey a lawful order, prejudicial conduct, absence from your appointed place of duty, disobeying orders, and disrespect. You were also convicted by two summary court-martials (SCM) of an 18-day period of UA and breaking restriction.

On 27 August 1968, you were convicted by special court-martial of a 70-day period of UA. You were sentenced to receive a bad conduct discharge (BCD). on 21 November 1968, you requested immediate execution of the BCD, stating that you wanted to get out of the Navy and find a job before Christmas to support your wife. On 15 December 1968 you received the BCD.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity and the length of time that had passed since your punitive discharge. However, the Board found that these factors were not sufficient to warrant recharacterization fl of your discharge given your five NIP’s and three convictions by court-martial of offenses that included UA’s totaling nearly 100 days and numerous incidents of disobedience.

two SCM’s and SPCM conviction for 70 days of UA. Further, no discharge is upgraded merely because of 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,