DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 10747-09
12 August 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 10 August 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.
You enlisted in the Navy on 11 August 1952 at age 17 and served
without disciplinary incident until 17 May 1953, when you were
convicted by summary court-martial (SCM) of a 14 day period of
unauthorized absence (UA). On 17 September 1953 you received
nonjudicial punishment (NJP} for negligence of duty.
On 12 October 1954 you were convicted by general court-martial
(GCM) of a 102 day period of UA and missing the movement of your
ship. You were sentenced to confinement at hard labor for one
year, forfeiture of all pay and allowances, reduction to paygrade
E-1, and a bad conduct discharge (BCD). On 7 March 1955 you
submitted a written request for immediate execution of the BCD in
which you stated, in part, that you were having family problems,
were unable to adjust to military life, and needed a clean start
as a Civilian. Subsequently, the BCD was approved at all levels
of review, and on 22 August 1955 you were issued a BCD.
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 that the BCD was too harsh for an
offense of UA. Nevertheless, these factors were not sufficient
to warrant recharacterization of your discharge because of the
sseriousness of your repetitive misconduct and lengthy periods of
“UA from the Navy. Accordingly, your application has been denied.
“It is regretted that the circumstances of your case are such that
ganavorable action cannot be taken. You are entitled to have the
we" Béard reconsidés 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,
lo Noay
W. DEAN P E
Executive Dirett
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