DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09067-03
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 ail 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.
You enlisted in the Navy and began a period of active duty on
23 June 1955. The Board noted that you received four nonjudicial
punishments (NUP’s) for two periods of unauthorized absence (UA),
two instances of disobedience, and gambling. You also were
convicted by three summary courts-martial (SCM) of two periods of
UA, two specifications of Gisobedience, and absence from your
appointed place of duty. Finally, you were convicted by special
court-martial (SPCM) of willful disobedience of a lawful order.
As a result of this misconduct, administrative discharge action
was initiated and it was recommended that you receive an
undesirable discharge by reason of unfitness. You were notified
of pending administrative separation action and an administrative
discharge board (ADB) recommended that you be discharge from the
service with an undesirable discharged due to unfitness.
Subsequently, your case was forwarded and you received an
undesirable discharge on 29 April 1957.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the ©
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NJP’s, three
SCM's, and conviction by SPCM for very serious offenses.
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,
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