DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 08091-09
11 May 2010
This ig 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 7 May 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
injustice.
Following a thorough review of your naval record the Board found
that you were convicted by summary court-martial (SCM) of 25 days
of absence without leave (AWOL). During the period from December
1948 to October 1949, you received four captain’s masts (CM’s)
for shirking duty, missing muster, two periods of AWOL, and
disobedience. Additionally, you were convicted by a second SCM
of 13 days of AWOL. As a result, you received a bad conduct
Gischarge (BCD) that was later remitted to six months probation.
However, in April 1950, you received a fifth CM for five hours of
AWOL and in July 1950, you violated your probation by being found
guilty of 15 hours of AWOL, forgery, and missing muster. You
received the BCD on 17 July 1950.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your five NJP’s, one
of which was imposed while on probation, convictions by SCM’s,
and the fact that you further violated your probation by
committing additional misconduct. 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,
Rea, elle
ROBERT D> ZSALMAN
Acting Executive Director
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