DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100

SMW
Docket No: 9267-05
9 March 2006

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 8 March 2006. 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 reenlisted in the Navy on 29 October 1964 at age 19 after completing a previous period of honorable service. During the period from 16 February 1965 to 27 September 1966 you received three nonjudicjal punishments (NJP’s) and were convicted by two special courts-martial (SPCM’s). Your offenses were four instances of unauthorized absence (UA) totaling about 79 days and failure to obey a lawful order.

On 6 January 1967 the commanding officer initiated separation action by reason of unfitness due to your frequent involvement of a discreditable nature with military authorities. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board (ADB). On 3 February 1967 you received NJP for about a 21 day Period of UA. On 7 March 1967 the separation authority approved the recommendation of your commanding officer for an undesirable discharge by reason of unfitness. On 26 April 1967 you received another NJP for about a 32 period of UA and you were separated with an undesirable discharge.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and period of good service. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the repetitive misconduct that included over four months of UA. The Board noted that your misconduct continued even after administrative separation action was initiated. The Board also noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the 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.

The Board also noted that as a result of your prior honorable service you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.

Sincerely,

							W. DEAN PFEIFFER
							Executive Director