DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2008-08
10 December 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 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 9 December 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 4 October 1960 at age 17 and served
Without disciplinary incident until 29 November 1961, when you
received nonjudicial punishment (NJP) for breach of the peace.
Less than a month later, on 22 December 1961, you received NJP
for a one day period of unauthorized absence (UA).
On 13 April 1962 you were convicted by summary court-martial
(SCM) of absence from your appointed place of duty and sentenced
to hard labor for 30 days and a $40 forfeiture of pay. On 15
October and again on 8 November 1962 you received NJP for
drunkenness and absence from your appointed place of duty.
On 4 January 1963 you were again convicted by SCM of drunk and
disorderly conduct, two specifications of assault, and
disrespect. You were sentenced to confinement at hard labor for
30 days and a reduction in paygrade. On 24 April 1963 you were
convicted by special court-martial (SPCM) of disobedience a
breach of the peace. You were sentenced to confinement at hard
labor for three months and a suspended reduction in paygrade.
About three months later, on 23 July 1963, you were convicted by
SCM of a three day period of UA and assault on a civilian. You
were sentenced to confinement at hard labor for a month, a $70
forfeiture of pay, and reduction to paygrade E-1. On 23 October
1963 you received your fifth NUP for a 15 day period of UA and
were awarded correctional custody for 30 days and a $55
forfeiture of pay.
On 1 September 1963 you were notified of pending administrative
discharge action by reason of misconduct due to frequent
involvement of a discreditable nature with military or civilian
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 16 September 1963 your commanding
officer recommended an undesirable discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with military or civilian authorities. On 1 October 1963 the
discharge authority approved this recommendation and directed an
undesirable discharge by reason of misconduct and on 21 November
1963 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 and desire to have your discharge upgraded. It also
considered your letter of explanation regarding your period of
service. 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 five NUJPs and four court-martial convictions, and
included misconduct in the civilian community. Finally, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
Tt 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,
Executive Di t
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