DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8116-07
30 January 2008
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 24 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures pplicable to the proceedings of this
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
on 6 June 1956, the day prior to your 21st birthday. During your
enlistment, you received four disciplinary actions for periods of
unauthorized absence (UA) totaling more that five days. You were
honorably discharged on 14 December 1955 for the purpose of
reenlistment.
You reenlisted in the Navy on 15 December 1955. During the
period from 7 May 1956 to 6 November 1956, you were convicted by
two summary and two special courts-martial. Your offenses were
Six periods of UA totaling about 39 days. The sentence of the
second special court-martial included a bad conduct discharge
which was suspended for a probationary period of six months. On
8 July 1957, you received nonjudicial punishment for drunkenness.
On 7 October 1957, you were convicted by another special court-
martial of a 30 day period of UA. The sentence of the court
included a bad conduct discharge. The bad conduct discharge was
issued on 4 February 1958.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and desire for
veterans' benefits. The Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your extensive disciplinary record. 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.
You may be eligible for veteran's benefits based on your period
of honorable service. If you have been denied benefits based on
this first period of service, you should appeal that denial under
procedures established by the Department of Veterans Affairs.
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,
W. DEAN PFE
Executive Di
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