DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 01565-03
8 September 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 4 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 2 November 1959
at age 17.
punishment (NJP) for shirking duty,
On 28 December 1960 you received nonjudicial
and were awarded extra duty.
On 5 April 1961 you were convicted by special court martial
(SPCM) of a 41-day period of unauthorized absence and missing
ship's movement.
for three months, forfeitures of pay, reduction to
and a bad conduct discharge
months.
on 9 May 1961 and 29 May 1961,
and were awarded a restricted diet.
You were sentenced to confinement at hard labor
paygrade E-l
During confinement, you received a second and third NJP
for failure to obey lawful orders,
The BCD was suspended for six
(BCD).
After your release from confinement,
a fourth NJP for two instances of failure to obey lawful orders
and disrespect, and were awarded three days of confinement on
on 19 July 1961 you received
bread and water.
a three-day period of unauthorized absence.
the suspended BCD was ordered executed because of your continued
misconduct.
On 4 December 1961 you received a fifth NJP for
On 20 December 1961, you received the BCD.
On that same day,
the Board carefully weighed all
However, the Board found that
In its review of your case,
potentially mitigating factors such as your youth and
immaturity, and the length of time that has passed since you
were discharged from the Navy.
these factors were not sufficient to warrant recharacterization
of your discharge because of the lengthy period of unauthorized
absence and missing ship's movement that resulted in the
conviction by SPCM.
you failed to take advantage of
was suspended for six months,
this opportunity to earn a better characterization of service
and continued to commit misconduct that resulted in four more
NJPs.
and votes of the members of the panel will be furnished upon
request.
Accordingly, your application has been denied.
Further, the Board noted that after the BCD
The names
It is regretted that the circumstances
that favorable action cannot be taken.
the Board reconsider its decision upon
material evidence or other matter not previously considered by
it is important to keep in mind that
the Board.
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.
of your case are such
You are entitled to have
submission of new and
In this regard,
Sincerely,
Executive
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