DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3911-09
16 April 2010
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 14 April 2010. 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 Reserve and began a period of active
duty on 14 February 1961 at the age of 22. On 29 June 1961, you
were convicted at summary court-martial (SCM) of unauthorized
absence (UA) from you unit for a period of 17 days. On 22 August
1961, you were convicted by special court-martial (SPCM) of UA
from your unit for a period of three days and failure to obey a
lawful order. On 16 November 1961, you were again convicted by
SPCM of UA from your unit for a period of eight days. On 7
December 1961, administrative discharge action was initiated to
separate you by reason of unfitness. You waived your rights to
consult counsel, you did, however elect to submit a written
Statement. On 8 December 1961, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable (OTH) conditions for unfitness. On 22 December 1961,
the discharge authority directed an OTH discharge by reason of
unfitness. On 19 January 1962 you were sO discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in one SCM and two SPCMs. 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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