DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 09319-09
25 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 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.
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 on 21 June 1955, and served without
disciplinary incident until 6 April 1956, when you received
_nonjudicial punishment (NUP) for underage drinking. Shortly
thereafter, on 13 July 1956, you were convicted in civil court
for larceny, and on 21 July 1956, you received another NUP for an
unauthorized absence (UA). Additionally, you were in an UA
status for 91 days. While UA, you were convicted in civil court
for assault and robbery. However, you were returned to military
custody and convicted at a special court-martial for resisting
arrest, assault, and communicating a threat. Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to your civil conviction. The separation authority
approved the recommendation and on 6 August 1957, you were
separated in absentia with an OTH discharge and an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to the serious nature
of your civil conviction. 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,
NN
W. DEAN PP
Executive Dite
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