DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 5013-08
5 March 2009
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 3 March 2009. The names and votes of the members
of the panel will be furnished upon request. Your allegations
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 10 September 1957 at age 17 and
immediately began a period of active duty. You served for two
years without disciplinary incident, but on 10 September 1960,
you received nonjudicial punishment (NOP) for absence from your
appointed place of duty. On 30 September 1960 you were convicted
by summary court-martial (scM) of failure to obey a lawful order.
Shortly thereafter, on 16 October 1960, you were convicted by
special court-martial (SPCM) of assault with a dangerous weapon
and communicating a threat. You were sentenced to confinement at
hard labor for four months, reduction to paygrade E-1, and a bad
conduct discharge (BCD). However, one of the charges was set
aside and on 31 January 1961 the BCD was disapproved.
On 12 May 1961 you were convicted by civil authorities of
disorderly conduct and sentenced to a workhouse assignment for 30
days. About a month later, on 8 June 1961, the discharge
authority directed your release from active duty under honorable
conditions by reason of convenience of the govern
nonpotential as a petty officer, and on 14 dune 1961 you were sO
released. On 9 September 1963, at the expirati
enlistment, you were issued a general discharge.
service is based, in part, on conduct and overall
h are computed from marks assigned during
e was 2.3, and an
Character of
trait averages whic
periodic evaluations. your conduct averag
average of 3.
separation for a fully h
The Board, in its review of your entire record and application,
i itigating factors, such as
carefully weighed all potentially mi
10d of satisfactory service, desire to upgrade
duct, and the passage of time.
the Board concluded these factors were not
sufficient to warr
because of the seriousness of your repetitive misconduct in both
the military and civilian communities, and since your conduct
average was insufficiently high to warrant a fully honorable
characterization of service. Further, the Board noted that you
arn a better characterization of
service when the BCD was disapproved, but your misconduct
continued. Finally, no discharge is automatically upgraded due
solely to the passage of time or an individual's good behavior
after discharge. accordingly, your application hag been denied.
ces of your case are such that
tion cannot be taken. You are entitled to have the
ion upon submission of new and material
presumption of regularity at
Consequently, when applying for a correction of an offi
record, the burden is on the applicant to demonstrate the
existence of probable material error oF injustice.
Sincerely,
reas S AL
W. DEAN PFE
Executive D xr
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