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

SMW
Docket No: 10144-07
19 June 2008

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 18 June 2008. 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.

On 25 August 1960, you enlisted in the Navy at age 17 with parental consent. During 17 February 1961 to 30 October 1962, you had four nonjudicial punishments, were convicted by a summary court-martial (SCM) and two special courts-martial. Your offenses included eight instances of unauthorized absence (UA) totaling 46 days, absence from your appointed place of duty, possession of a false identification card, and breaking restriction. You also had three civil court convictions for two instances of operating an unregistered motor vehicle and driving without a license.

On 2 November 1962, your commanding officer initiated administrative separation by reason of unfitness, and recommended an undesirable discharge (UD) . In connection with this processing, you acknowledged that discharge could result in a UD and waived the right to have your case heard by an administrative discharge board (ADB). On 20 November 1962, the separation authority approved the discharge recommendation and directed a UD by reason of unfitness, but suspended the UD for a year. On 27 November 1962, you were convicted by a SCM for a day of UA. The separation authority subsequently directed execution of the suspended UD. On 20 December 1962, you were separated with a UD by reason of unfitness.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, desire for a better discharge, and post service conduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your repetitive misconduct. Furthermore, the Board 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. Finally, there is no provision in the law or regulations that allows for recharacterization of a discharge due solely to an individual’s post service conduct. 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.

Sincerely,

W.	DEAN PFEIFFER
Executive Director

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