DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1714-08
9 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 8 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.
On 26 April 1955, you enlisted in the Navy at age 18. During
the period 17 April 1956 to 16 February 1959, you had
nonjudicial punishment (NJP) on five occasions and were
convicted by four summary courts-martial. Your offenses
included intoxication, three instances of failure to go to your
appointed place of duty, two instances of absence from your
appointed place of duty, willful disobedience of a lawful
order, assault, wearing another man's hat, dereliction in the
performance of your duties, and violation of uniform
regulations.
On 18 February 1959, your commanding officer initiated
administrative separation by reason of unfitness, and
recommended an undesirable discharge (UD). In connection
with this processing, you submitted a statement in which you
requested retention. On 19 March 1959, the separation
authority approved the discharge recommendation and directed a
UD by reason of unfitness. On 1 April 1959, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that the UD was
unjust for the time that you served. Nevertheless, the Board
concluded that these factors and contention were not sufficient
to warrant recharacterization of your discharge due to your
repetitive 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,
lees
W. DEAN PFAIF
Executive e r
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