DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6052-09
29 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 21 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 and began a period of active duty on
1 August 1952 at age 17. You were convicted by two special
courts-martial (SPCM) on 27 July 1953 and 22 February 1954 for
unauthorized absence (UA) from your unit for periods totaling 76
days. On 2 April 1954, you were convicted by summary court-
martial (SCM) for altering with intent to deceive, an official
light duty chit. On 25 May 1964, you were again convicted by
SPCM for UA from your unit for a period of 21 days. The sentence
imposed was three months confinement, reduction in paygrade,
forfeiture of pay and a bad conduct discharge (BCD). The BCD was
Suspended for six months plus the period of confinement. On 12
July 1954, your commanding officer recommended that you be
discharged as undesirable by reason of unfitness based on your
frequent involvement with military authorities, You signed a
Statement of awareness and indicated no objection to the
discharge. On 18 August 1954, the discharge authority directed
an undesirable discharge by reason of unfitness. On 27 August
1954 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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in one SCM and three 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,
W. DEAN PFET
Executive Di
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