DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTION OF NAVAL RECORD~JN
2NAVYANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 01177-05
29 September 2005
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 28
September 2005. 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 the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
You enlisted in the Navy on 10 January 1952 at age 17. On 14 May 1953
you were convicted by civil authorities of malicious wounding and
sentenced to 90 days in jail and a $100 fine.
Based on this conviction you were processed for an administrative
discharge by reason of misconduct due to civil conviction. You were
notified of this pending administrative separation action and the
Chief of Naval Personnel directed that you be separated from the Navy
on 9 July 1953. On 16 July 1953 you received nonjudicial punishment
for a 119-day period of unauthorized absence. You were so discharged
on 28 July 1953.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your
youth. However, the Board found that these factors were not
sufficient to warrant any change in your discharge given the civil
conviction for serious misconduct and the ensuing period of
incarceration. 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,
‘K
2
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