DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10852-08
26 August 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 25 August 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 and medical records,
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 entered active
duty in the Navy on 2 July 1953. You received a captain’s mast
and a summary court-martial for an unauthorized absence of
about three days and disrespect to a superior commissioned
officer. Your record also includes a charge of disobedience of
a petty officer, with no disciplinary action taken. On
28 June 1957, you received a general discharge under honorable
conditions at the end of your active obligated service. On
4 July 1959, you received a general discharge from the Naval
Reserve, and were not recommended for reenlistment due to
unsatisfactory progress.
Characterization of service is based in part on trait marks
assigned on a periodic basis. Your overall trait average was
2.87. A 3.0 overall trait average was required for a fully
honorable characterization of service.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and desire
to receive property tax relief. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
upgrading your general discharge because of your misconduct and
ainsufficiently high overall trait mark average. In view of the
above, 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 PFHSF
Executive ecto
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