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

TRG
Docket No: 1923-04
13 March 2004

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 10 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 that the evidence submitted was insufficient establish the existence of probable materia1 error or injustice.

You enlisted in the Navy on 9 November 1960 at age 17.  You then served without incident until  26 February 1962.  On that date, civil authorities apprehended you on burglary and grand larceny charges. Since you did not return to the Navy after your leave expired on 2 March 1962, you were considered to be an unauthorized absentee from that date. You were adjudged a youthful offender on 27 April 1962 and were released to the Navy on that date. Subsequently, you were issued technical arrest orders to report not later than 2400 hours on 4 May 1962. You did not report and remained an unauthorized absentee until you were apprehended on 3 July 1962.

A special court-martial convened on 24 July 1962 and convicted you of the two periods of unauthorized absence totaling about 114 days, and disobedience. The court sentenced you to reduction to pay grade E-1, forfeiture of $55 pay per months for four months and confinement at hard labor for four months.

Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed an undesirable discharge by reason of misconduct and you were so discharged on 14 February 1963.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and limited education. The Board also considered your contention that you were not guilty of the civil charges but unwittingly became involved in another individual’s crime and were only held by civil authorities until that individual told the truth. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge, given your involvement with civil authorities and your lengthy periods of unauthorized absence. The Board noted that you have not provided an explanation for your second period of unauthorized absence of about 59 days. The Board concluded that your discharge was proper as issued and no change is warranted.

		
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.

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