DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
_. 2 NAVY ANNEX .
WASHINGTON DC 20370-5100 CRS
Docket No: 5962-06
24 November 2006
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 25 October 2006. 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.
The Board found that you enlisted in the Navy on 11 March 1954. .
The record reflects that you received nonjudicial punishment and
were convicted by a summary court-martial and two special courts-
martial... Your offenses included unauthorized absences totaling
56 days. On 11 December 1957 you received an honorable
separation. However, upon further review, the separation was
changed to under honorable conditions. You received a general
discharge on 8 September 1962 at the end of your military
obligation.
Character of service is based, in part, on one’s conduct and
proficiency averages; both of which are computed from marks
assigned during periodic evaluations. Additionally, during your
period of service the applicable directive stated that an
individual who received more than one special court-martial would
be separated under honorable conditions, regardless of the marks.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth. However, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the two special
courts-martial. 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,
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