DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 127775-09
16 September 2010
pees,
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 14 September 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 reenlisted in the Navy on 22 December 1960 after two years of
honorable service. The Board found that during the period from
22 August 1961 to 17 April 1962, a period of just eight months,
you received three nonjudicial punishments (NJP’s) for three
periods of unauthorized absence (UA) totaling three days, and
were convicted by three summary courts-martial (SCM) of two
specifications of UA totaling 13 days, missing movement, and
breaking restriction. Subsequently, administrative discharge
action was initiated and it was recommended that you receive an
undesirable discharge by reason of unfitness. You waived all of
your procedural rights and on 8 May 1962, you received an other
than honorable discharge due to unfitness.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable 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 and three SCM convictions for 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,
mans
Executive or
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