DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10634-07
31 July 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 30 July 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.
On 9 July 1958, you enlisted in the Navy at age 17 with
parental consent. During the period 12 January 1959 to
29 March 1961, you had two nonjudicial punishments and were
convicted by a summary court-martial. Your offenses included a
two day period of unauthorized absence, failure to make your
bunk properly, public intoxication, and breaking restriction.
On 14 June 1961, you were convicted by a special court-martial
of unlawful entrance into a store room with intent to commit
larceny and larceny of five watches, 30 packages of razor
blades, 72 cigarette lighters, and four electric razors in
which the total value was $425.61. The sentence included
confinement at hard labor, reduction in rank, forfeitures of
pay, and a bad conduct discharge (BCD). After the BCD was
approved at all levels of review, on 19 October 1961, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
the character reference letters and your explanation of events.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct. Therefore, 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.
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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