DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SION
Docket No: 11583-10
17 August 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 16 August 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
26 April 1960. The Board found that you received nonjudicial
punishment (NJP) for leaving your appointed place ef duty. on
18 September 1961, you were convicted by civil authorities of
transporting a stolen vehicle. You were sentenced to three years
of probation. Subsequently, administrative discharge action was
initiated and it was recommended that you receive an undesirable
discharge by reason of unfitness due to the civil conviction.
You were notified of pending administrative separation action and
elected not to make a statement. On 23 October 1961, a board of
officers recommended that you be discharged from the service with
an undesirable discharge due to unfitness. Subsequently, your
case was forwarded and you received an undesirable discharge on
24 November 1961.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP and civil conviction of a serious offense.
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,
Ly Woe’
W. DEAN P F
r
Executive Di
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