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NAVY | BCNR | CY2003 | 00382-03
Original file (00382-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 382-03
28 August 2003

\

Your allegations of error and

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 26 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 12 October 1954 at age 17.
April 1955 you received nonjudicial punishment for disrespect. A
special court-martial convened on 22 August 1955 and convicted
possession of clothing belonging
you of wrongful appropriation,
to another member of the Navy, breaking restriction, conspiracy
to break restriction, and an unauthorized absence of about three
days.
for four months, confinement at hard labor for four months and a
bad conduct discharge.
You were restored to
forfeitures and confinement were approved.
duty from confinement on 2 December 1955.
On 11 May 1956, you received nonjudicial punishment for an
A second special 
unauthorized absence of about 10 hours.
martial convened on 7 November 1956 and convicted you of three
periods of unauthorized absence totaling about 27 days, two
instances of breaking restriction and missing ship's movement
through design.
confinement at hard labor for five
per month for five months,
months, reduction to pay grade E-l and a bad conduct discharge.
On 30 January 1957, you elected to waive the right to request

The court sentenced you to forfeiture of $50 pay per month

The court sentenced you to forfeiture of $55 pay

However, upon review, only the

On 12

court-

The bad conduct discharge was issued on 5

restoration to duty.
April 1957.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and your contention that you were told that the
discharge would automatically be upgraded after six months.
However, the Board found that these factors and contentions were
not sufficient to warrant recharacterization of the discharge.
In this regard, the Board noted your disciplinary record,
especially the two convictions by two special courts-martial.
Further, there is no provision in the law or regulations that
will allow for recharacterization of a discharge based solely on
The Board concluded that the discharge was
the passage of time.
proper as issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.

The names and

Sincerely,

W.DEAN P
Executive Di



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