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NAVY | BCNR | CY2009 | 09053-09
Original file (09053-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

SON
Decket No: 09053-09
10 June 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 8 June 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.

Bfter 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

20 September 1956. The Board found that you received five
nonjudicial punishments (NJP‘s) for drunk and disorderly conduct,
three periods of unauthorized absence (UA), and three instances
of disobedience. You were also convicted by two summary courts-
Martial (SCM) of two periods of UA totaling 12 days. Finally,
you were convicted by special court-martial (SPCM) of an 11 day
period of UA, disobedience and breaking restriction. You
remained on active duty until 29 November i960, when you were
honorably released at the expiration of your required service.

The Board, in its review of your application, carefully weighed

all potentially mitigating factors, guch as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to remove the five NJP, two SCM convictions, and
conviction by SPCM from your official records. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It ig 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,

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