DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
TUR
Docket No: 10973-08
20 August 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-18 August 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 30 July 1956 at age 17. You served
without disciplinary infraction until 5 November 1956, when you
received nonjudicial punishment (NJP) for drinking alcohol
beverages as a minor.
During the period from 7 February to 7 May 1957 you received NUP
on four occasions and were convicted by summary court-martial
(SCM). Your offenses were disrespect, a one day period of
unauthorized absence (UA), two specifications of failure to obey
a lawful order, and absence from your appointed place of duty.
You received four more NUOPs during the period from 4 March to 20
October 1958 for two specifications of failure to obey a lawful
order, disobedience, conduct prejudicial to the good order and
Gdiscipline of the armed forces, two periods of absence from your
appointed place of duty, and an unspecified violation/offense.
On 19 December 1958 you were convicted by special court-martial
(SPCM) of absence from your appointed place of duty and
disrespect.
On 12 March 1959 you received your tenth NJP for failure to go to
your appointed place of duty. Shortly thereafter, you were
processed for an administrative separation by reason of unfitness
as evidenced by your repetitive disciplinary incidents. On 25
March 1959 the discharge authority directed your commanding
officer to issue you an undesirable discharge by reason of
unfitness and on 5 May 1959 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth, the passage of time, and your desire to upgrade your
discharge. It also considered your assertion of personal, -
family, and medical problems and the lack of support to resolve
the same. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your undesirable
discharge because of the seriousness of your repetitive
misconduct which resulted in 10 NUPs and two court-martial
convictions. Finally, there is no evidence in the record, and
you submitted none, to support your assertion, and no discharge
is upgraded due solely to the passage of time. 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,
lou |
W,. DEAN P EI
Executive r oO
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