DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRI
Docket No. 05344-10
25 March 2011
Uy
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 24 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You served on active duty in the Navy from 21 March 1960 to 26 February
1962, when you received an undesirable discharge by reason of
misconduct based on your conviction by civil authorities of
interstate transportation of a stolen motor vehicle and your two
convictions by special courts-martial. The available records do not
substantiate your contentions that you served in Vietnam, that you
were a prisoner of war, or that you suffered from posttraumatic stress
disorder while on active duty or at the present time. Accordingly,
and as you have not demonstrated that it would be in the interest
of justice for the Board to upgrade your discharge to general, 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 démonstrate the existence of probable material
error or injustice:
Sincerely,
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