DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 01991-09
10 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 9 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 on 11 December 1957, at age 18. On
16 May 1958, you were convicted at a summary court-martial for
being in an unauthorized absence (UA) status for four days. You
were sentenced to a forfeiture of $50, and confinement at hard
labor for 20 days. On 7 August 1958, you were convicted by civil
court at Beeville, Texas, for stealing a motor scooter and
sentenced 90 days confinement. On 24 February 1959, you were
convicted at a general court-martial (GCM) for being UA for a
period of 108 days and sentenced to a forfeiture of all pay and
allowances, confinement at hard labor for six months and to
receive a bad conduct discharge (BCD). After appellate review,
on 17 July 1959, you received the BCD.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. The Board noted that on your
discharge paperwork (DD Form 214) it is not documented that you
were discharged for desertion as you allege, therefore, no
administrative action was required. 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,
Wun
.W. DEAN
eeeoueire or
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