DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 804-10
19 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 14 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 1957 at age 17. On 21 February 1958, you received
nonjudicial punishment (NJP) for sleeping while on duty. On 5
June 1958 you were convicted by summary court-martial (SCM) of
failure to go to your appointed place of duty and wrongful
possession of a false identification card and liberty pass. On
11 July 1958, you received NUP for unlawful entry into the film
library wrongful use of a projector and failure to go to your
appointed place of duty. On 1 May 1959 you were arrested by
civil authorities in San Diego, California on first degree
robbery charges. You pled guilty and you were sentenced to five
years probation. The first four months of probation you were to
be confined in the adult detention facility of San Diego County,
and to pay a fine of $150. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 9 October 1953, you received the OTH
discharge for misconduct, and 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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two NJPs, one SCM and a civil conviction. Finally,
the Board noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Accordingly, your.application has been denied. The names and
ses of the members of the panel will be furnished upon request.
Rr ey. * 2 te
It is regretted that the circumstances of your case are such that
gavorable 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,
1
y
. DEAN PFE
Executive Diwettor
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