DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7113-08
21 January 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 17 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 10 October 1950.
You received four nonjudicial punishments for offenses that
included an unauthorized absence, shirking duty, absence from
appointed place of duty, permitting an unlicensed person to
operate a vehicle, and absence from special liberty. On 6 June
1953 you were convicted by civil authorities of indecent
exposure. The court sentenced you to confinement for 60 days. A
summary court-martial convened on 28 July 1953 and found you
guilty of an unauthorized absence of 29 days.
On 18 August 1953 your commanding officer recommended that you be
separated from the Navy with an undesirable discharge by reason
of unfitness due to civil conviction. The recommendation was
approved by the separation authority, and you received an
undesirable discharge on 20 November 1953.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, good post service conduct, and your need for
medical benefits. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge or a
change in the reason for discharge, in view of your disciplinary
record. 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,
. ™~
W. DEAN PF R
Executive tor
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