DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3688-10
9 February 2011
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 8 February 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 27 February 1956 at age 17. You
served without disciplinary incident for about two months, but
during the period from 20 April to 26 October 1956, you received
nonjudicial punishment (NJP) on two occasions and were convicted
by summary court-martial (SCM). Your offenses were failure to
obey a lawful order, absence from your appointed place of duty,
and a two day period of unauthorized absence (UA). Two months
later, on 24 January 1957, you were again convicted by SCM of a
one day period of UA and failure to obey a lawful order.
On 20 May 1958 you were convicted by special court-martial (SPCM)
of an eight day period of UA and missing the movement of your
ship. About seven months later, during the period from 26
January to 3 April 1959, you received NUP on two more occasions
for two specifications of failure to obey a lawful order, absence
from your appointed place of duty, and failure to go to your
appointed place of duty.
On 12 January 1960, upon completion of your required active
service, you were released from active duty under honorable
conditions and transferred to the Navy Reserve. On 9 March 1962,
at the expiration of your enlistment, you were issued a general
discharge.
The Board, in its review of your entire record and application,
,carefully weighed all potentially mitigating factors, such as
» ‘your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your service because of the seriousness of
your repetitive misconduct which resulted in four NJPs and three
court-martial convictions. Finally, the Board concluded that you
were fortunate to have received a general discharge since Sailors
discharged with a record of misconduct, such as yours, would
normally receive a discharge under other than honorable
conditions. Accordingly, your application has been denied.
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,
Su Aa.
W. DEAN PF E
Executive e
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