DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2688-08
24 November 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 22 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 6 June 1952.
You received three nonjudicial punishments and were convicted by
a special court-martial. Your offenses included multiple periods
of unauthorized absence and conduct of a nature to bring
discredit upon the armed forces.
On 9 November 1954 your commanding officer recommended that you
be separated from the Navy with an undesirable discharge by
reason of unfitness. After being informed of the recommendation
you elected to waive all rights. The recommendation was approved
by the separation authority, and you received an undesirable
discharge on 26 November 1954.
In its review of your application, the Board carefully considered
your contentions to the effect that you should have been
discharged by reason of physical disability because of a severe
leg injury, and that you were issued an honorable discharge
certificate. The Board found that you were examined on 26
November 1954 and found fit for separation, notwithstanding the
residual effects of a leg injury you sustained two years earlier.
You would not have been entitled to disability separation even if
the leg injury had rendered you unfit for duty, because your
administrative discharge would have taken precedence over and
precluded disability processing. As it is clear that you were
discharged under other than honorable conditions, the Board
concluded that the honorable discharge certificate you submitted
was either issued in error or is a forgery. Accordingly, and as
you have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge as a matter of
clemency, 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,
\Spud
W. DEAN PF F
Executive D ctor
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