DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 02088-11
2 December 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 29 November 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.
On 27 January 1959, you reenlisted in the Navy after serving over
10 years of honorable service. The Board found that you received
two nonjudicial punishments (NJP's) for dereliction of duty,
causing a breach of the peace, and use of profane language. You
were also convicted by summary court-martial (SCM) of two
specifications of disobedience. Additionally, you were convicted
by special court-martial (SPCM) of disobedience, using
disrespectful language, assault, disorderly conduct, and
communicating a threat. You were sentenced to confinement at
hard labor, a forfeiture of pay, and a reduction in paygrade.
Subsequently, you were processed for an undesirable discharge by
reason of unfitness. You elected to consult counsel and have
your case heard before a board of officers. On 15 March 1960 the
board of officers recommended an undesirable discharge by reason
of unfitness. On 21 March 1960, your commanding officer
concurred with the board of officer’s findings and forwarded his
recommendation that you be discharged. He stated, in part, that
you had a poor attitude, showed no desire to advance in your
rating, lacked professional pride, had a complete lack of petty
officer potential, and continued to be a disciplinary problem.
On 12 April 1960, the separation authority directed an
undesirable discharge by reason of unfitness. On 26 April 1960
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of two NUP’, SCM, and conviction by
SPCM of very serious offenses. 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 Deas
W. DEAN PF
Executive Oo
NAVY | BCNR | CY2013 | NR437 13
’ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2013, 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,...
NAVY | BCNR | CY2006 | 06450-06
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 27 December 1956 at age 17 with parental consent. On 23 December 1959 you...
NAVY | BCNR | CY2009 | 06482-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 June 2010. On 8 December 1957 an ADB recommended an undesirable discharge by reason of unfitness. 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.
NAVY | BCNR | CY2001 | 07933-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 29 July 1952 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for participating in homosexual acts. Your request was granted on 16 August 1952 and as a result...
NAVY | BCNR | CY2009 | 09067-09
You also were convicted by three summary courts-martial (SCM) of two periods of UA, two specifications of Gisobedience, and absence from your appointed place of duty. You were notified of pending administrative separation action and an administrative discharge board (ADB) recommended that you be discharge from the service with an undesirable discharged due to unfitness. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 12117-10
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. However, neither the Department of Veterans Affairs (DVA) nor Department of Defense (DoD) considers an upgrade to a general discharge by the SDRP to entitle you to any benefits denied by reason of the original discharge. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2002 | 10965-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2003. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, your naval record, 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...
NAVY | BCNR | CY2008 | 10973-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON BC 20370-5100 TUR Docket No: 10973-08 20 August 2009 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. 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. ...
NAVY | BCNR | CY2008 | 00113-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2008. 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. During the period from 15 December 1960 to 23 July 1962, you received three nonjudicial punishments (NJP’s) for two brief periods of UA...
NAVY | BCNR | CY2013 | NR00266 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...