DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00967-09
4 November 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 2 November 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
21 March 1956. The Board found that you were convicted by two
civil courts of taking a motor vehicle for temporary use and
burglary. As a result of your second conviction, you were
sentenced to six months in jail, five years probation, and had
your driver's license suspended for one year. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to civil conviction. On 16 June 1959, a
performance board recommended that you receive an other than
honorable (OTH) discharge due to your civil conviction. Your
case was forwarded and the separation authority directed that you
be separated under OTH conditions by reason of misconduct due to
Civil conviction. You were so discharged on 24 July 1959.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board found that these
factors were not sufficient to warrant any change in your
discharge given your two civil convictions and ensuing
incarceration for a serious offense. 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.
an this regard, it is important to keep in mind that a
ceesumption of regularity attaches to all official records.
fonsequently, 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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