DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1307-09
12 May 2009
This is.in-‘reférence 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 6 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 4 November 1959.
You received four nonjudicial punishments and were convicted by a
special court-martial. The offenses included unauthorized
absences, failure to go to appointed place of duty, violation of
a lawful general regulation, failure to obey a lawful order,
missing movement, and communication of a threat to your wife.
A second special court-martial convened on 23 August 1962 and
found you guilty of an unauthorized absence of 43 days. The
court sentenced you to confinement at hard labor for four months,
forfeiture of $70.00 per month for four months, and a bad conduct
discharge. You were separated on 6 December 1962 with a bad
conduct discharge.
In its review of your application the Board carefully weighed all
potentially mitigating’ factors, such as your youth and good post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
your ~Ewo convictions by court-martial. 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,
Rin D Feo
ROBERT D, \ZSALMAN
Acting Executive Director
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