DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2:-NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06545-10
27 Soral 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 26 April 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 enlisted in the Navy and began a period of active duty on
10 April 1956. The Board found that you received four
nonjudicial punishments (NJP's) for unauthorized absence (UA),
disobedience, possession of another servicemember’s liberty pass,
and dereliction of duty. You also were convicted by summary
court-martial (SCM) of UA and disobedience. Subsequently,
administrative discharge action was initiated and it was
recommended that you receive an undesirable discharge by reason
of unfitness. You waived your rights to consult counsel, submit
a statement or have your case heard by an administrative
discharge board (ADB). On 21 November 1957, your commanding
officer forwarded his recommendation that you be discharged under
other than honorable conditions by reason of unfitness. The
discharge authority concurred and directed an other than
honorable discharge by reason of misconduct. On 16 January 1958
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NUJP’s, and
conviction by SCM of serious offenses. The Board noted that you
waived your right to an ADB, your best opportunity for retention
or a better characterization of service. 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,
\Y Dow
W. DEAN PFE F
Executive Dive r
2
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