DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1827-10
9 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 9 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Navy on 18
January 1955. You received nonjudicial punishment on three
occasions and were convicted by three summary courts-martial.
Your offenses included unauthorized absence (two specifications
totaling three days), disrespect (two specifications) ,
disobedience of a lawful order, wrongfully smoking in the
doorway of a gasoline station, absence from your appointed
place of duty, wrongfully possessing another Sailor’s clothing,
and sleeping during working hours. You were notified of
pending administrative separation processing with an
undesirable discharge (UD) due to unfitness. You elected to
have your case heard by an administrative discharge board (ADB)
that found you had committed misconduct, and recommended a UD
due to unfitness. Your commanding officer concurred with the
ADB’s finding and recommendation. You received the UD due to
unfitness on 29 January 1957.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
remorse, post service good conduct, current medical problems,
and character reference letters. However, the Board concluded
that your discharge should not be changed due to your numerous
acts of misconduct. You are advised that no discharge is
upgraded due merely to the passage of time or post service good
‘conduct. In view of the above, 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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