DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8241-10
13 April 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 6 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
27 October 1947 at age 17. On 28 June 1948, you received
nonjudicial punishment (NJP) for sleeping in, and missing
quarters. On 7 September 1948, you received NUJP for unauthorized
absence (UA) from your unit for a period of three days. On
25 May 1949, you were convicted by special court-martial (SPCM)
of UA from your unit for a period of 15 days and missing your
ship's movement. The sentence imposed was a forfeiture of pay.
On 15 April 1950, you were convicted by summary court-martial
(SCM) of UA from your unit. On 29 July 1950, you were convicted
by SPCM of two instances of UA from your unit for a period
totaling 25 days and missing your ship’s movement. The sentence
imposed was confinement for 30 days and a forfeiture of pay. On
25 November 1950, you were again convicted by SPCM of UA from
your unit for a period of three days and sentenced to 30 days
confinement, a forfeiture of pay and a bad conduct discharge
(BCD). On 12 December 1950, you received NUP for breaking
restriction and UA from your unit for seven days. On 18 January
1951, you were convicted by SPCM of breaking restriction, and UA
from your unit for seven days. The sentence imposed was a
forfeiture of pay and a second BCD. On 7 February 1951, you
received the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NUPs, one SCM, three SPCMs and periods of UA
totaling over two months. 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 Rts 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,
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