DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4360-11
15 February 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 February 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.
You enlisted in the Navy and began a period of active duty on
29 October 1951 at age 18. On 23 October 1952, you were
convicted by general court-martial (GMC) of robbery. The
sentence imposed was confinement for a period of six months, a
forfeiture of pay and a bad conduct discharge (BCD). The
convening authority suspended the BCD for six months. On
27 March 1953 you were in an unauthorized absence status from
your unit for a period of 29 days until you surrendered on
25 April 1953. On 18 May 1953, you were convicted by special
court-martial (SPCM) of the forgoing period of UA. The sentence
imposed was two months confinement and a forfeiture of pay. The
convening authority vacated the suspended BCD. On 16 July 1953
you were discharged.
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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 convictions at a GCM and a SPCM. Finally, although
the BCD was suspended for six months, it was vacated due to your
continued misconduct. 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,
WQomGe
W. DEAN PFE
Executive Direc
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