DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5528-10
9 February 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 8 February 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 entered active duty in the Navy on 29 May 1961. You
received nonjudicial punishment, and were convicted by a
summary court-martial and civil authorities. Your offenses
included failure to obey a lawful order, unauthorized absence
(five days), and using another person’s automobile without
permission. Your sentence for your civil conviction included
six months confinement. You were notified that your commanding
officer was recommending you for administrative separation with
a conditions under other than honorable (OTH) discharge due to
unfitness. You waived all your procedural rights, including
your right to an administrative discharge board (ADB). On 25
January 1965, you received a conditions under OTH discharge due
to unfitness.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, alleged
personality conflict with your supervisor, and belief that your
discharge would be upgraded in six months. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct. The Board found that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. You are advised that no
discharge is upgraded automatically due solely to the passage
of time or post service good conduct. Finally, the Board found
no evidence in your record to support your allegation, nor did
you provide any such evidence. In view of the above, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It 1s 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,
eg
Executive
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