DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 06190-08
10 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 4 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.
You enlisted in the Navy on 10 October 1951 at age 17. On 5
June 1953 you were tried and convicted by general court-martial
of robbery of $10.00 from another person using force and
violence. Specifically when the victim refused to turn over his
money he was hit with a rock. Your record also shows that prior
to your general court-martial you were convicted by summary
court-martial on three occasions for repeated acts of
unauthorized absence and breaking restriction. You also
received a non-judicial punishment for missing muster. Because
of the seriousness of the offense for which you were convicted
by general court-martial as well as your previous disciplinary
record you were sentenced to reduction in rank, forfeiture of
all pay and allowances, confinement at hard labor for two years
and a bad conduct discharge (BCD). While in confinement you
received a second non-judicial punishment for threatening and
using profanity towards a superior.
In its review of your application the Board considered all
matters in extenuation and mitigation such as your youth and the
amount of time you have had to endure the stigma of a BCD.
Nevertheless in view of seriousness of the offense that resulted
in your conviction by general court-martial as well as prior
disciplinary record and subsequent misconduct while in the brig
the Board concluded that your discharge was proper as issued and
should not be changed now as a matter of clemency. And while
you are correct in asserting that racial attitudes have changed
for the better since your discharge the Board found that even
under current attitudes and standards your misconduct warranted
a BCD.
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,
Enclosure
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