DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SUN
Docket No: 05064-10
4 April 2011
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 29 March 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 reenlisted in the Navy on 13 December 1955 after three years
of honorable service. The Board found that you received
nonjudicial punishment (NTP) for two days of unauthorized absence
(UA). On 10 and 20 April 1956, you were convicted by summary
courts-martial (SCM) of two days of UA and disobedience. On
9 July 1956, you were convicted by special court-martial (SPCM)
of missing movement, disobedience, and 10 days of UA. Finally,
on 25 April 1957, you were convicted by general court-martial
(GCM) of an 84 day period of UA, that ended only in your
apprehension, and missing movement. You were sentenced to a
forfeiture of pay, a reduction in paygrade, confinement at hard
labor, and a bad conduct discharge (BCD). After you waived your
right to request restoration, you received the BCD on
21 January 1958 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, prior honorable service, and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP, two SCM’s, conviction by SPCM, and GCM for a
lengthy period of UA and missing movement. 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 itsydecision upon submission of new and material
@®idence or other matter ndét previously considered by the Board.
fnthis regard, itfis important to keep in mind that a
presumption of regularity attaches to all official records.
‘Consequently, when gpplying 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,
Executive Di
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