DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 04414-10
27 December 2010
pear
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 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 on 7 February 1956, at the age of 17.
On 7 June 1956, you were convicted by a summary court-martial
(SCM) of being in an unauthorized absence (UA) status for eight
days. You were sentenced to a forfeiture of $25, and confinement
at hard labor for 30 days. On 9 October 1956, you received
nonjudicial punishment (NTP) for being UA. On 1 February 1957,
you were convicted by a special court-martial (SPCM), of being UA
on two occasions totaling 26 days, and failure to obey a lawful
order. You were sentenced to a forfeiture of $105, reduction in
pay grade, and confinement at hard labor for 90 days. On 21 June
1957, you were convicted by your second SPCM of being UA on two
occasions, and breaking arrest. You were sentenced to a
Forfeiture of $300, confinement at hard labor for six months, and
a bad conduct discharge (BCD). The discharge authority directed
the execution of your BCD. On 12 November 1957, after appellate
review, 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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of one NUP and convictions by
one SCM and two SPCM’s. 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, ig is important to keep in mind that a
presumption of regularity attaches to all official records.
Gonsequently, 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,
Wy
W. DEAN
Executive D
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