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NAVY | BCNR | CY2010 | 01350-10
Original file (01350-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 1350-10
17 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 3 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

1 December 1955 at the age of 17. On 28 June 1956 you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit and missing ship’s movement. On 20 May 1957
you received nonjudicial punishment (NUP) for UA from your WL ti.
In spite of repeated counseling, you contracted venereal disease
five times in a 15 month period. On 15 September 1957, you were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to unfitness. On

4 October 1957, the discharge authority directed an OTH discharge
by reason of unfitness. On 29 October 1957 you were so
discharged.

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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct and
continued unclean habits. 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.
y

Sincerely,

° Ne

W. DEAN PF
Executive reactor

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