DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 12497-08
30 October 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 21 October 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 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 and began a period of active duty on 27
April 1955 at the.age of i7. On 5 July 1956, you received
nonjudicial punishment (NIP) for a nine day period of
unauthorized absence (UA). On 31 January 1957, you were
convicted by summary court-martial (SCM) of an eight day period
of UA and failure to obey a4 lawful order. On 19 March 1957, you
were again convicted by SCM of UA for a period of two days. :
additionally, on 12 July 1957, you were convicted at a special
court-martial (SPCM) of two instances of UA totaling a period of
A6 days and sentenced to confinement, forfeiture of pay,
reduction in paygrade and a bad conduct discharge (BCD). You
received the BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially witigating factors, such ag your youth and
overall record of service. Nevertheless, the Board found that
chese factors were not sufficient to warrant recharacterization
of your discharge given your NJP and conviction by two SCM’s and
a spcmM for periods of UA totaling over two months. According,
your application has been denied. The names and votes of the
members of the panel will be furnished upon reguest.
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,
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