DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10000-10
14 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 11 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 19 July 1951 at age 18 and served
without disciplinary incident until 14 November 1951, when you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty and smoking in your bunk. On 25 November
1953 and again on 1 May 1954 you received NUP for two periods of
unauthorized absence (UA) totalling seven days, absence from your
appointed place of duty, and missing muster.
On 23 September 1954, while serving in Istanbul, Turkey, you were
convicted by general court-martial (GCM) of disrespect, failure
to obey a lawful order, and communicating a threat. You were
sentenced to confinement at hard labor for six months, a $300
forfeiture of pay, reduction to rank, and a bad conduct discharge
(BCD). On 21 February 1955 you submitted a written statement to
a clemency board in which you requested restoration to duty and a
one-year extension of your enlistment. On 10 March 1955 a
clemency board denied your request stating, in part, that your
offenses were too serious for you to be considered for
restoration to duty and that it was the board’s opinion that you
would repeat your pattern of misconduct if restored to duty.
Subsequently, the BCD was approved at all levels of review, and
on 22 April 1955 you were issued a BCD.
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, these factors were not sufficient to
‘warrant recharacterization of your discharge because of the
seriousness of your repetitive misconduct which resulted in three
NJPs, a GCM, and a punitive discharge. 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,
rr
\WQead
W. DEAN PFEI
Executive Ditec
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