DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5190
TOR
Docket No: 7498-09
11 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.
aA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 2010. The names and votes of the
members of the panei 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
injustice.
You enlisted in the Navy on 20 September 1961 at age 18 and
served for nearly a year without disciplinary incident, but on 4
September 1962, you received nonjudicial punishment (NJP) for
failure to obey a lawful order. About seven months later, during
the period from 5 April to 10 duly 1963, you received NJP on four
more occasions, and were convicted by summary court-martial.
Your offenses were five periods of absence from your appointed
place of duty.
On 30 July 1963 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities
and shirking, and misconduct due to a pattern of misconduct.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB). An ADB
recommended separation with a characterization warranted by your
service record. On 15 October 1963 your commanding officer
recommended discharge under other than honorable conditions by
reason of unfitness. On 31 October 1963 the discharge authority
approved the foregoing recommendations but suspended discharge
until 17 November 1964 under the condition that you would not be
involved in any further misconduct. This suspension further
stated that the other than honorable discharge would be
immediately executed without further notice if violated by any
incident. Nonetheless, on 27 May and again on 4 August 1964, you
received NIP for absence from your appointed place of duty, being
incapacitated for duty, and being drunk in public. As a result,
on 27 August 1964, you were discharged under other than honorable
conditions.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of being unfairly labeled as
undesirable. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated misconduct
which resulted in seven NUPs and a SCM, Finally, there is no
evidence in the record, and you submitted none, to support your
assertion. 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,
\
Weed
Executive
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