DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02968-08
11 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 10 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 23 September 1955, and served without
disciplinary incident, until 29 January 1957, when you were
convicted at a summary court-martial (SCM) for insubordinate
conduct toward a petty officer.
Shortly thereafter, you received the following disciplinary
actions: on 9 July 1957, you received nonjudicial punishment
(NOP) for drunk and disorderly conduct; and on 25 September 1957,
for failure to obey a lawful order. On 27 June 1958, you were
convicted at a special court-martial (SPCM) for an unauthorized
absence (UA). On 21 August 1958, you received an NUP for being
drunk on duty; on 3 September 1958, you were convicted at another
SCM for being drunk on duty; and on 27 May 1959, you were tried
and convicted at a SPCM for assault. However, due to your
appeal, your case was re-tried on 12 August 1959, and while
awaiting sentence from your new trial, entered a UA status again.
However, in your absence, you were still sentenced to a bad
conduct discharge (BCD). Therefore, on 29 January 1960, you were
separated with a BCD and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, your personal statement, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge.
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,
laQ re
W. DEAN PEE
Executive Dirkedat
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