DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
’
CRS
Docket No: 7167-02
11 September 2003
10 of the United
This is in reference to your application for correction of your
naval record pursuant to the provisions of title
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 September 2003.
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 to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 20 March 1950.
The record reflects that you received four nonjudicial
punishments and were convicted by two summary courts-martial.
The offenses included unauthorized absences totalling 16 days,
shirking duty, sleeping during working hours, incapacitated for
duty, failure to obey a lawful order, drunk and disorderly
conduct, and jumping overboard while the ship was moored.
the summary courts-martial sentenced you to a bad conduct
discharge, but it was suspended for six months.
you received three of the nonjudicial punishments and were
convicted by the other summary court-martial.
On 6 October 1952 the commanding officer recommended that you be
separated due to unsuitability,
and with an undesirable discharge
by reason of unfitness.
recommendation, you elected to submit a statement on your behalf.
After review by the discharge authority, the recommendation for
separation was approved and on 12 November 1952 you received an
undesirable discharge by reason of unfitness.
When informed of the this
Subsequently,
One of
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
authorities.
In this regard, the Board noted that you were the
subject of six disciplinary actions within a period of less than
The Board also noted that you were given a second
three years.
chance when the bad conduct discharge was suspended.
However,
you failed to take advantage of this opportunity, and continued
to commit offenses.
Based on the foregoing, the Board concludes
that no change to the discharge 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
on the applicant to demonstrate the
record, the burden is
existence of probable
material error or injustice.
Sincerely,
copy to:
The American Legion
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