DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10965-02
24 October 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 21 October 2003.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
your naval record,
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.
(NJP) on three occasions for absence from your
You enlisted in the Navy on 15 July 1959 at age 18.
period from 11 May to 29 August 1960 you received nonjudicial
punishment
appointed place of duty,
duty,
On 31 October and again on 14 December 1960 you were convicted by
summary court-martial (SCM) of disobedience, failure to obey a
lawful order, and resisting arrest.
failure to go to your appointed place of
and wearing an unclean uniform.
During the
On 9 January 1961 you were notified of pending administrative
separation action by reason of unfitness.
At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board.
1961 you were convicted by SCM of two periods of failure to go to
your appointed place of duty and a one day period of UA.
were sentenced to restriction and hard labor for 45 days.
On 10 January
You
Subsequently, your commanding officer recommended an undesirable
discharge by reason of unfitness.
discharge authority approved this recommendation, and on 10 March
1961 you were so discharged.
On 31 January 1961 the
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and post service conduct as shown by
the favorable police report and character reference letters.
Board noted the statement submitted by the Veterans of Foreign
Wars in support of your case.
Nevertheless, the Board concluded
recharacterization of your discharge was not warranted because of
your repetitive misconduct which resulted in three
court-martial convictions in less than two years of service.
Accordingly, your application has been denied.
NJPs and three
The
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
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
for.a correction of an official naval
Executive Di
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