DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3750-07
15 February 2008
This is in reference to your application for correction of your
naval record pursuant to~the-provisions of fitte 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 12 February 2008. 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 28 June 1955 at age 17 and served
without disciplinary incident until 31 May 1956, when you were
convicted by summary court-martial (SCM) of dereliction of duty
and sleeping on post. You were sentenced to confinement for 16
days.
On 8 April 1957 you received nonjudicial punishment (NUP) for
absence from your appointed place of duty and were warded
restriction for two weeks. On 6 December 1957 you were convicted
by special court-martial (SPCM) of a 19 day period of
unauthorized absence (UA) and breaking restriction. You were
sentenced to a $134 forfeiture of pay, reduction to paygrade E-1,
and restriction for two months, which was suspended for six
months. About six months later, on 21 June and again on 9 August
1958, you received NJP for two periods of absence from your
appointed place of duty.
On 14 September 1959 you were convicted by SPCM of two periods of
UA totalling 271 days and breaking restriction. You were
sentenced to confinement at hard labor for five months, a $350
forfeiture of pay, reduction to paygrade E-1, and a bad conduct
discharge (BCD). On 16 November 1959 you submitted a written
request for restoration to duty in which you stated, in part, as
follows:
A BCD would be a burden and a disgrace for me the rest of my
life. I realize a great deal since I have caused all this
trouble for myself and the Navy. I know that I could have
made something of myself these last four years. If I were
returned to duty I know I could make something of myself. I
honestly regret what I have done. I asked to be restored to
duty to prove to myself as well as others that I can make
something of myself.
However, your request was denied, and after the BCD was approved
at all levels of review, on 12 January 1960 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and assertion that your court-
martial convictions were unjust and unnecessary. It also
considered your assertion of being confined for offenses that
were thrown out of court. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct which resulted in three NUPs, conviction by court-
martial on three occasions, and your lengthy period of UA from
the Navy. 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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