DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRG
Docket No: 10105-07
6 October 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 1 October 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 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 1 July 1958. On
27 July 1959 you received nonjudicial punishment for failure to
go to appointed place of duty. On 24 February 1960 you were
convicted by civil authorities of assault and robbery. The court
sentenced you to confinement for six months, five months of which
were suspended. Subsequently, you received three more
nonjudicial punishments and were convicted by a special court-
Martial. Your offenses included an unauthorized absence of 19
days, assault with intent to do bodily harm, failure to obey a
lawful order, absence from appointed place of duty, and
insubordination.
On 22 March 1961 your commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to frequent involvement with civil and military authorities.
After being informed of the recommendation, you elected to waive
the right to present your case to an administrative discharge
board. The recommendation for separation was approved by the
discharge authority and you were discharged on 2 May 1961 with an
undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and personal
problems. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge,
given your record of serious offenses. 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,
Vs Qven yd"
W. DEAN PFEIF
Executive Directo
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