DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6105-10
30 March 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 29 March 2011. The names and votes of the
members of the panel will be furnished upon request. 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
fj Vetice .
y on 1 May 1956 after three years of
You continued to serve without
disciplinary infraction until 26 November 1956, when you received
nonjudicial punishment (NUP) for a two day period of unauthorized
absence (UA) and were awarded extra duty for two weeks. About
six months later, on 13 May 1957, you were convicted by special
court-martial (SPCM) of a 38 day period of UA.
You reenlisted in the Nav
prior honorable service.
On 13 February 1958 you were convicted by SPCM of 195 day period
of UA and failure to obey a lawful order. You were sentenced to
confinement at hard labor for four months and a $160 forfeiture
of pay. On 20 June 1958, after waiving your procedural rights,
equest for an administrative separation
family, and financial reasons.
On 24 June 1958 your commanding officer recommended discharge
under other than honorable conditions by reason of unfitness due
to your repeated offenses. On 25 June 1958 you were convicted by
summary court-martial (SCM) of two periods of UA totalling nine
days and failure to obey a lawful order. Although you waived
your procedural rights, on 1 July 1958, an enlisted performance
board (EPB) recommended an undesirable discharge by reason of
unfitness. Subsequently, the discharge authority approved the
recommendation of the EPB and directed your commanding officer to
issue you an other than honorable discharge by reason of
unfitness, and on 15 July 1958, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, belief that you received a bad
conduct (BCD) or dishonorable (DD) discharge, and desire to
upgrade your discharge. It also considered the letter you
submitted in support of your request from the Department of
Veterans Affairs (DVA) of April 12, 2010. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which included two lengthy periods
of UA and resulted in an NUP and three court-martial convictions.
Finally, there is documented evidence in the record that is
contrary to your and the DVA’s belief that you have a BCD or DD.
Accordingly, your application has been denied.
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,
\DQanc
W. DEAN PF
Executive Dittector
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