DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 07506-09
27 May 2010
a
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 26 May 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. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.
You enlisted in the Navy on 27 October 1961, at age 17. You
received nonjudicial punishment (NJP) for stealing a pilot’s
revolver during a time a war. On 16 November 1964, you signed a
service record entry acknowledging that you were not recommended
for retention and would receive a general discharge for your
misconduct upon your separation. You were 80 discharged on
23 November 1964.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of misconduct. The Board
also noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when an individual is found to have committed
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,
W. DEAN PF
Executive
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