DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 8091-10
26 January 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 19 January 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 20 April 1959 at age 17 and began a
period of active duty on 31 July 1961. You served without
disciplinary incident until 6 October 1961, when you were
convicted by summary court-martial (SCM) of sleeping on duty and
were sentenced to hard labor for 30 days.
On 17 May and again on 13 August 1962 you were convicted by SCM
of two periods of unauthorized absence (UA) totalling eight days,
missing the movement of your ship, and failure to obey a lawful
order. About four months later, during the period from 15
January to 1 August 1963, you were convicted by special court-
martial (SPCM) on two occasions and also received nonjudicial
punishment (NJP) on two occasions. Your offenses were three
periods of UA totalling 108 days, breaking festriction, and
wrongful possession of an altered identification card.
Subsequently, you were processed for an administrative separation
by reason of unfitness. After waiving your procedural rights,
you submitted a written statement in which you noted, in part,
that you would not return to duty under any circumstances. On 6
September 1963 your commanding officer recommended discharge
under other than honorable conditions by reason of unfitness as
evidenced by your extensive record of disciplinary infractions.
On 24 September 1963 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable'discharge, and on 4 December 1963, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NJPs and five court-martial convictions.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an
administrative discharge board. 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,
W. DEAN PF
Executive
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