DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6482-09
2 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 June 2010. The names and votes of the
members of the panel will be furnished upon request. 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
Lyi usbiLee .
You enlisted in the Navy on 26 July 1955 at age 19 and served
without disciplinary incident until 4 December 1955, when you
received nonjudicial punishment (NIP) for consuming alcoholic
beverages as a minor.
During the period from 29 April to 2 September 1956 you received
NIP on three more occasions for disobedience, using profane
language, insolence, two specifications of consuming alcoholic
beverages as a minor, public drinking, and drunk and disorderly
conduct. On 24 October 1956 you were convicted by summary court-
martial (SCM) of using indecent language and urinating on school
grounds.
Subsequently, you were notified of pending administrative
separation action by reason of unfitness. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 8 December 1957 an ADB
recommended an undesirable discharge by reason of unfitness. On
3 January 1957 your commanding officer also recommended an
undesirable discharge by reason of unfitness as evidenced by four
NogPs and a SCM. On 9 January 1957 the discharge authority
directed your commanding officer to issue you an undesirable
discharge by reason of unfitness, and on 29 January 1957, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage of
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your alcohol related misconduct,
which resulted in four NUJPs and a SCM. Accordingly, your
application has been denied.
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,
\ Neos
W. DEAN P
Executive
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