DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00573-10
12 October 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 5 October 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 and began a period of active duty on
10 September 1951, at age 17. Between 4 February 1952 and
9 March 1955, you received 11 nonjudicial punishments (NJP’s),
and three summary courts-martial (SCM’s). You committed the
following offenses: being in an unauthorized absence (UA) status
on three occasions, having possession of another Sailor’s liberty
card, being in a bar as a minor, two incidents of disobeying an
order, using profane language toward a petty officer on two
occasions, unauthorized swimming off the fantail, not observing
TAPS or reveille, disobeying the Officer of the Deck, disobeying
an order from an officer, being disrespectful toward a superior
commissioned officer, and three occasions of failure to go to
your appointed place of duty. You were advised that your
commanding officer was recommending you for administrative
separation with an other than honorable discharge due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB).
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 20 May 1955, you
were so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
d..overall- ree@+d of service. Nevertheless, the Board found
Bhat ‘these factors were not sufficient to warrant changing your
, Gh te kerert sckbete of your discharge, given your record of 11 NJP’s
‘and convictions by three SCM’s for misconduct. In this regard,
*n RE-4 reenlistment code is required when an individual is
discharged for misconduct and is not recommended for retention.
The Board also noted that you waived the right to an ADB, your
best opportunity for retention or a better characterization of
service. 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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