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NAVY | BCNR | CY2010 | 02513-10
Original file (02513-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

 

Docket No: 02513-10
27 December 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 15 December 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

22 September 1960. On 20 September 1961, you received
nonjudicial punishment (NIP) for being in an unauthorized absence
(UA) status and hitchhiking. On 12 February 1962, you received
NIP for using another Gailor’s bedding. On 5 June 1962, you were
convicted by a summary court-martial (SCM) of being UA and
failure to go to your appointed place of duty- You were
sentenced to reduction in pay grade, and 30 days restriction. On
28 January 1963, you were convicted by your second SCM of two
incidents of being derelict in the performance of your duties.
You were sentenced to 15 days restriction. On 11 April 1963, you
were arrested and convicted by civil authorities of disorderly
conduct, unlawfully discharging a firearm, and resisting arrest.
On 15 April 1963, you received your third NIP for failure to obey
a lawful order. You were informed that you would receive a4
general discharge at the expiration of your term of active
obligated gervice. The discharge authority directed a general
discharge. You were s0 discharged on 25 March 1986.
}

= ME

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of three NJP’s, two convictions by SCM of
misconduct, and civil conviction. The Board also noted that you
were fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when an
individual is found to have committed misconduct. Accordingly,
your application has been denied. The names and votes of the

mbers of the,ganel, will be furnished upon request.

i

 
  

a!

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,

\OSdeas

W. DEAN P
Executive tor

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