DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8507~06
11 July 2007
Dear wales.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 11 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 11 September 1951 at age 18. You
served for one year and seven months without disciplinary
incident, but during the period from 21 April to 5 December 1953
you received nonjudicial punishment (NJP) on four occasions for a
two day period of unauthorized absence (UA), two periods of
absence from your appointed place of duty, destruction of
government property, being drunk on duty, and drunkenness. You
were also convicted by special court-martial (SPCM) of a 30 day
period of UA and breaking restriction. On 14 July 1954 you were
convicted by summary court-martial (SCM) of two periods of
failure to go to your appointed place of duty.
Your record also contains three offense reports which reflect
that on 23 and 25 May 1953 you were using provoking speech,
absent from your appointed place of duty, and made a false
official statement, and that on 29 September 1954 you’ were
recklessly driving. However, the record does not reflect the
disciplinary action taken, if any, for this misconduct.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government. Accordingly, the
discharge authority directed a general discharge, and on 3
November 1954 you were so discharged.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 3.17. An average
of 3.25 in conduct was required at the time of your separation
for a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that you served in a time of need and
did nothing to deserve a general discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in four NJPs and two court-martial
convictions, and since your conduct average was insufficiently
high to warrant an honorable discharge. 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,
Ld mn ‘
W. DE ER
Executive tor
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