DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10183-02
8 September 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 September 2003.
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 enlisted in the Navy on 9 May 1955 at age 17.
1955 you were convicted by summary court-martial (SCM) of
sleeping on watch.
and confinement at hard labor for 10 days.
On 9 May 1956 you were convicted by special court-martial (SPCM)
of a 30 day period of unauthorized absence (UA) and missing the
movement of your ship.
labor for four months and a $200 forfeiture of pay.
You were
again convicted by SPCM on 11 October 1956 of larceny and
sentenced to confinement at hard labor for two months, a $60
forfeiture of pay, and a bad conduct discharge (BCD).
was suspended until your release from confinement.
16 October 1956 you began a 38 day period of UA that was not
terminated until you were apprehended
November 1956.
On 21 October
You were sentenced to a $30 forfeiture of pay
You were sentenced to confinement at hard
Your allegations of error and
The BCD
However, on'
by civil authorities ,on 23
On 11 January 1957 you were convicted by SPCM of the foregoing
period of UA and sentenced to a $330 forfeiture of pay,
On 3 May
confinement at hard labor for six months, and a BCD.
1957 you submitted a written request for immediate execution of
the BCD, in which you stated, in part, that you were having
family problems.
Subsequently, the BCD was approved at all
levels of review and on 7 June 1957 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you are now in
the early stages of Alzheimers
disease and do not want the
illness to become a burden to your family.
Nevertheless, the
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of your
repetitive misconduct and lengthy periods of UA which resulted in
four court-martial convictions.
The Board also noted that you
were sentenced to a BCD at an earlier court-martial which was
suspended pending your release from confinement, but upon your
release you began yet another period of UA.
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.
Accordingly, your
Sincerely,
Executive
Di
2
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