DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04056-10
31 January 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 6 January 2011. 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 31 July 1957, and served without
disciplinary incident until 2 November 1959, when you were
convicted at a special court-martial (SPCM) of false official
statement. At the end of your obligated service, you were not
recommended for reenlistment. Therefore, on 23 December 1959,
you were separated with an honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that your SPCM was not just. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
your non-recommendation for reenlistment. In addition, your
claim that you should have been promoted to pay grade E-5 was
denied. There were multiple factors other than taking the
personnelman courses to be advanced, such as having your
commanding officer’s recommendation and passing an examination.
There is no evidence in your record of either requirement.
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.
Sincerely,
fed Sean
W. DEAN PF
Executive rector
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