DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-57900
SIN
Docket No: 01165-09
8 December 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 1 December 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
30 December 1959 at age 17. During the period from 18 January to
27 July 1961, You received three nonjudicial punishments {(NJP’s)
for two instances of disobedience and two periods of unauthorized
absence (UA) totaling three days. On 14 August 1961, you were
convicted by civil authorities of larceny. You were sentenced to
60 days in jail. However, the sentence was suspended for one
year pending good behavior.
On 21 August 1961, you were processed for an administrative
discharge by reason of unfitness. You elected to waive the right
to have your case heard by a board of officers. Om 22. August
1961, your commanding officer forwarded your case recommending an
undesirable discharge by reason of unfitness. On 11 September
1961, the separation authority directed an undesirable discharge
You were so discharged the same day.
The Board, in its review of your application, carefully weighed
ali potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
‘Of your discharge given your record of three NUJP’s and conviction
by civil authorities for a serious offense. The Board also noted
that you waived the right to have your case heard by a board of
officers, your best chance for retention or a better
characterization of service. 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,
\p)vrn§
W. DEAN PFE
Executive Di
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