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NAVY | BCNR | CY2008 | 07055-08
Original file (07055-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 07055-08
16 June 2009

  

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 9 June 2009. 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 and began a period of active duty on

5 August 1955 at age 17. During the period from 26 July to

9 October 1957, you received four nonjudicial punishments {NIP’s)
for disorderly conduct, failure to go to your appointed place of
duty, failure to observe reveille, wrongful appropriation, and
altering a military identification card. On 18 October 1957, you
were convicted by civil authorities of being intoxicated in
public. During the period of 21 October 1957 to 24 July 1958,
you received four additional NUP‘s for being incapacitated for
duty due to over indulgence of alcohol, and two instances of
failure to go to your appointed place of duty. On 24 October
1958, you were convicted by summary court-martial (SCM) of being
incapacitated for duty due to over indulgence of alcohol.

On 7 November 1958, you were processed for an administrative

discharge by reason of unfitness. You elected to waive the right
to have your case heard by a board of officers. Your commanding
officer forwarded your case recommending an undesirable discharge
by reason of unfitness. On 1 December 1958, the separation
authority directed an undesirable discharge. You were so
discharged on 12 December 1958.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of eight NJP’s, conviction by
SCM, and.civil conviction. The Board also noted that you waived
the right to have your case heard by a board of officers, your
best chance for retention or a better characterization of
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.

Tt 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,

Sac
W. DEAN

Executive or

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