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NAVY | BCNR | CY2006 | 00967-06
Original file (00967-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                           TRG
         Docket No: 967-06
         18 January 2007





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, co nsidered your application on 9 January 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 21 September 1954 at age 17. During the period from 11 April 1955 to 9 March 1956 you received nonjudicial punishment on five occasions and were convicted by a summary court-martial. Your offenses were a short period of unauthorized absence, three absences from your place of duty, two instances of disobedience and dereliction of duty.

Based on the foregoing record, you were processed for an administrative discharge. At that time you declined to make a statement. After review the discharge authority directed an undesirable discharge and you were so discharged on 19 June 1956.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education and low score on the aptitude test. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your extensive record of misconduct. The Board concluded that the discharge was proper as issued and no change is warranted.

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,



ROBERT D. ZSALMAN
Acting Executive Director
































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