DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05639-10
17 February 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 9 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You entered active duty in the Navy on 31 August 1955, and served
without disciplinary incident until 29 March 1957, when you
received nonjudicial punishment for unauthorized absence (UA).
Shortly thereafter, on 11 June 1958, you were convicted at a
summary court-martial of UA. Therefore, you did not qualify for
a good conduct medal while in the Navy based on your misconduct.
On 28 August 1959, you were separated at the end of your
obligated service with an honorable discharge and an RE-1
reenlistment code. We have enclosed a copy of NAVPERS Form
1650/66 from the Naval Personnel Command regarding your
entitlement to any United States Navy awards. However, since you
had prior service with the Florida Army National Guard and Army
Reserve, you may contact them if you believe you are entitled to
any awards.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to authorize you a Good Conduct Medal due to your
repeated acts of misconduct. In this regard, the Board believed
that you were fortunate to receive an honorable discharge since
Sailors who have committed misconduct ordinarily receive other
than honorable discharges. 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,
Ly Qeak
W. DEAN PF
Executive or
Enclosure
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