DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SIN
Docket No: O01177-09
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.
On 17 November 1953, you enlisted in the Navy after serving over
three years of honorable service with the Army. On 1 December
1954, you weré convicted by special court-martial (SPCM) of
19 days of unauthorized absence (UA} and breaking restriction.
You were sentenced to hard labor and a forfeiture of pay. On
20 December 1954, you were convicted by special court-martial
(SPCM) of 27 days of UA and missing movement. You were sentenced
to a forfeiture of pay, confinement at hard labor, a reduction in
paygrade, and a bad conduct discharge (BCD). On 21 February
1955, you waived your right to request restoration to full duty.
You received the BCD after appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such'as your youth, prior
honorable service with the Army, and overall record of your last
period of service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of two SPCM convictions for periods
of UA totaling 46 days and missing movement. 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,
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