DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
SJN
Docket No: 02362-11
10 January 2012
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.
BR three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 5
December 2012. 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 5 October 1949, you reenlisted in the Navy after serving over three
years of honorable service. The Board found that you
received six nonjudicial punishments (NUJP’s) for five periods of
unauthorized absence (UA), failure to answer reveille, conduct to the
prejudice of good order and discipline by failing to pay a taxi fare,
being drunk on shore, and being out of uniform. You were convicted by
deck court (DC) of one day of UA, two summary court-martial’s {SCM’s)
of two specifications of absence from your appointed place of duty and
UA. Finally, you were convicted by special court-martial (SPCM) of
two specifications of disobedience and assault. You were sentenced
to a period of confinement at hard labor and a reduction in paygrade.
As a result of this misconduct, administrative discharge action was
initiated and it was recommended that you receive an undesirable
discharge by reason of unfitness. You were notified of pending
administrative separation action and an administrative discharge board
(ADB) recommended that you be discharged from the service with an
undesirable discharged due to unfitness, which you received on
13 April 1954.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth, record of service,
and belief that your characterization of service would be
automatically upgraded after 30 days. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your six NJP’s, DC, two
SCM’s, and conviction by SPCM of serious offenses. Finally, you are
advised that there is no provision of law or in Navy regulations that
allows for recharacterization automatically due solely to the passage
of time. 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,
W. DEAN ai
Fxecutive Directo
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