DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 8614-08
14 July 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 7 July 2009. The names and votes of the members
of the panel will be furnished upon request. 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 14 July 1961 at age 18 and served
without disciplinary incident until 7 May 1963, when you received
nonjudicial punishment (NUP) for a one day period of unauthorized
absence (UA). On 13 May and again on 13 August 1963 you received
NIP for disobedience and wrongful possession of a falsified
identification card. Shortly thereafter, on 28 August 1963, you
were convicted by summary court-martial (SCM) of larceny of a
sword valued at $40 and were sentenced to confinement for 30
days. On 17 September 1963 you were convicted by civil
authorities of providing them with a false address and sentenced
to probation for a year.
On 14 January and 10 March 1964 you received NJP for absence from
your appointed place of duty, missing the movement of your ship,
breaking restriction, and a three day period of UA. On 6 April
1964 you were again convicted by civil authorities of two
specification of forgery in the amount of $309. You were
sentenced to probation for three years and to pay restitution in
the amount of $309.
On 20 May 1964 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. After waiving your right to consult with legal
counsel and to present your case to an administrative discharge
board (ADB), on 8 June 1964, the discharge authority directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct, and on 10 July 1964, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, the passage of time, and your desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct in both the
military and civilian communities. Accordingly, your application
has been denied.
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.
WN,
la DEAN Wad
Executive Dikéct
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