DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6184-10
14 April 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 12 April 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
injustice.
You enlisted in the Navy on 30 November 1951 at age 23 and served
for nearly a year without disciplinary incident, but on 2 October
1952, you received nonjudicial punishment (NOP) for shirking
duty. During the period from 10 March to 30 November 1953 you
received NUP on three more occasions for disobedience and two
periods of unauthorized absence (UA) totalling 12 days.
During the period from 24 February to 2 July 1954 you were again
the subject of NJP on Four more occasions. Your offenses were
drunk and disorderly conduct, a two day period of UA, absence
from your appointed place of duty, failure to perform extra duty,
and failure to report for extra duty. About four months later,
on 22 November 1954, you were convicted by summary court-martial
(ScM) of willful disobedience and making a false official
statement. You were sentenced to restriction and hard labor for
20 days and a reduction in rate. The rate reduction was
suspended for six months. The record reflects that on 16
December 1954 you failed to report to your assigned place of duty
and made a false official statement. However, the record does
not reflect the disciplinary action taken, if any, for this
misconduct.
Subsequently, you were processed for an administrative separation
by reason of unfitness as evidenced by your record of eight NUPs
and a SCM. On 13 January 1955 an administrative discharge board
(ADB) and your commanding officer recommended an undesirable
discharge by reason of unfitness. On 8 February 1955 were
issued an undesirable discharge by reason of unfitness.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were fold that the
characterization of your separation could be upgraded six months
after your discharge provided you were not the subject of any
further misconduct. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which resulted in
eight NJPs and a SCM. Finally, no discharge is automatically
upgraded due solely to the passage of time or an individual’s
good post service conduct. 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,
\pQuQ
W. DEAN PF
Executive Di
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