DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5045-09
19 February 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 27 January 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 ail 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 18 July 1960.
You received nonjudicial punishment on three occasions and were
convicted by a summary court-martial. Your offenses included
unauthorized absences, missing movement, breaking restriction,
stealing government utensils, carrying a concealed weapon, and
absence from appointed place of duty.
On 20 November 1963 your commanding officer recommended that you
be separated from the Navy with an undesirable discharge by
reason of unfitness due to frequent involvement of a
discreditable mature with military authorities. Thereafter you
received nonjudicial punishment on three further occasions for
offenses that included an unauthorized absence, larceny of
tableware, and attempted damage to military property. On 29 June
1964 you were separated from the Navy with an undesirable
discharge.
In its review of your application, the Board carefully considered
your unsubstantiated contention to the etfect that you were
discharged as a result of unfair treatment by your commanding
officer, but found it insufficient to warrant upgrading your
undesirable discharge which was warranted by your numerous acts
of misconduct. 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,
Wu Qu
W. DEAN PFEIL
Executive Dir
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