DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 9033-08
16 January 2009
This is in reference to your application for correction of your
late husband's 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 13 January 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 late husband's 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.
Your late husband was honorably discharged from the Navy on 8
June 1955 for the purpose of immediate reenlistment. A copy of
the DD Form 214 issued at that time is enclosed.
He reenlisted in the Navy on 9 June 1995 for six years. During
the period from 10 August 1955 to 20 March 1956 he received
nonjudicial punishment on four occasions and was convicted by a
summary court-martial. His offenses were three periods of
unauthorized absence totaling about 32 days, using alcohol while
in a restricted status and disobedience. A general court-martial
convened on 14 March 1956 and convicted him of the theft of a
government check and fraudulently endorsing that check. The
Sentence of the court included a bad conduct discharge. He
received the bad conduct discharge on 8 February 1957.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your late husbands
limited education, low score on the aptitude test and his prior
honorable service. The Board found that these factors were not
sufficient to warrant recharacterization of his discharge given
his conviction by a general court-martial of a serious offense.
The Board concluded that the discharge was proper as issued and
no change is warranted.
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,
\D Bond
W. DEAN P
Executive Ri tor
Enclosure
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