DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2825-08
26 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 25 November 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 reenlisted in the Navy on 26 June 1959
after more than three years of prior active service. On 8
February 1960 a special court-martial convened and found you
guilty of missing movement. On 27 April 1960 you were convicted
by special court-martial of a lengthy period of unauthorized
absence and breaking arrest, and sentenced to confinement at hard
labor for six months, forfeiture of $70 pay per month for six
months, reduction in rank, and a bad conduct discharge. While
confined on 2 June 1960, you told a counselor that you absented
yourself without authority to avoid assaulting a chief petty
officer with whom you were having difficulty. You were evaluated
by a psychiatrist on 14 June 1960. He found that you had a long
history of acting-out, aggressive behavior, and inability to
tolerate stress, as well as a need to maintain a belligerent and
overbearing attitude. His diagnostic impression was that you
suffered from an emotional instability reaction. You were
separated from the Navy on 15 December 1960 with a bad conduct
discharge.
The Board did not accept your unsubstantiated contention to the
effect that you lacked mental responsibility for your actions as
a result of undiagnosed clinical depression. In addition, it was
not persuaded that your misconduct was significantly extenuated
or mitigated by the effects of depression, emotional instability
reaction, or any other mental disorder. The Board concluded that
in view of the nature and severity of your offenses, your service
was properly characterized as under other than honorable
conditions. Accordingly, and as you have not demonstrated that
it would be in the interest of justice to upgrade your discharge,
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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