DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F N A V A L RECORDS
2 N A V Y A N N E X
WASHINGTON DC 20370-5100
CRS
Docket No: 7240-02
8 August 2003
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 16 July 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 7 December 1959
after nearly two years of prior active Army service. The record
reflects that you received two nonjudicial punishments and were
convicted by four summary courts-martial and a special court-
martial. The offenses included unauthorized absences totalling
four days, breach of the peace, missing movement, assault, and
failure to obey a lawful order.
On 30 May 1961 an administrative discharge board recommended that
you be separated with an undesirable discharge by reason of
unfitness. After review by the discharge authority, the
recommendation for separation was approved and on 10 October 1961
you received an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity
and the contention that the proceedings of the special court-
martial were improper. However, the Board concluded that these
Pactors 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 seven disciplinary actions in a period of
less than two years. Further, the Board has no authority to
disturb the findings or sentence of a court-martial based on
claims of legal error. 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,
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