DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
- 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 9405-08
30 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 28 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 7 September 1960 at age 17. You
served for a year without disciplinary incident, but during the
pericd from 3 October to 9 November 1961, you were convicted by
civil authorities of two counts of disturbing the peace,
convicted by summary court-martial (SCM) of disrespect, and
received nonjudicial punishment (NJP) for drinking alcoholic
beverages as a minor. On 5 December 1961 you were notified that
discharge action by reason of unfitness had been initiated.
After consulting with legal counsel you waived your right to
present your case to a field board, but submitted a written
explanation for your misconduct and requested retention in the
Navy. On 21 December 1961 your commanding officer recommended
approval of your request. On 4 January 1962 an enlisted field
board, in concurrence with your commanding officer, also
recommended retention. On 17 January 1962 the discharge
authority directed a general discharge by reason of unfitness.
However, this action was held in abeyance and you were retained
in the Navy on a probationary status for six months. At that
time you were advised that any violations while on probation
would result in immediate execution of your discharge.
On 14 February 1962 you began a two day period of unauthorized
absence (UA) which was terminated when you were apprehended by
Civil authorities on 16 February 1962. As a result, you were
convicted by civil authorities of disturbing the peach, assault,
and carrying a concealed weapon. You were sentenced to a $30
fine and confinement for 60 days. Subsequently, the discharge
authority directed your commanding officer to issue you a general
discharge by reason of unfitness due to the civil conviction, and
on 23 March 1962 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth, post service conduct, and desire to upgrade your discharge
so that your grandchildren will be proud of you. It also
considered your assertion that your behavior was the result of
being with the wrong crowd. 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 which resulted in
NJP, a SCM, and two civil convictions. 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.
Sincerely,
FA .
W. DEAN F
Executive r
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