DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11200-09
30 August 29010
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 24 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 19 January 1956 at age 17 and served
for a year and seven months without disciplinary incident, but on
15 July 1957, you were convicted by summary court-martial (SCM)
of breaking restriction, wearing an unauthorized insignia, and
wrongful possession of a liberty card. About four months later,
on 11 November 1957, you were convicted by SCM of wrongful
possession of alcoholic beverages aboard your ship.
On 14 February 1958 you were convicted by SCM of wrongful
appropriation of a government property, specifically, a trombone
valued at $150. You were sentenced to confinement at hard labor
for 15 days and a $50 forfeiture of pay. Shortly thereafter, on
18 May 1958, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). However, in June 1958, an enlisted
performance evaluation board and your commanding officer reviewed
your case and recommended an undesirable discharge by reason of
unfitness as evidenced by your moral turpitude, breaches of
discipline resulting in three SCMs, inability to adjust to
military life, and demonstrated total unfitness. On 11 June 1958
the discharge authority approved these recommendations and
directed your commanding officer to issue you an undesirable
discharge by reason of unfitness, and on 15 July 1958, you were
so discharged.
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 which would
entitle you to receive veteran housing benefits. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in three SCMs within
a seven-month period of time. Further, you were given an
opportunity to defend yourself but waived your procedural right
to present your case to an ADB. 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,
LQuesdedd
W. DEAN P
Executive \Ditetto
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