DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 04942-11
1 March 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 28 February 2012. 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 and began a period of active duty on
12 March 1953. The Board found that on 7 January and 27 April
1954, you were convicted by special court-martial (SPCM) of
three periods of unauthorized absence (UA) totaling 68 days,
disobedience, and missing ship’s movement. As a result of your
second SPCM, you were sentenced to confinement at hard labor, a
forfeiture of pay, a reduction in paygrade, and a bad conduct
discharge (BCD). You received the BCD on 24 September 1954
after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and belief that
your characterization of service would be automatically upgraded
after seven years. Nevertheless, based on the information
currently contained in your record, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your two SPCM convictions of periods of UA
totaling over two months. Further, you are advised that there
is no provision of law or in Navy regulations that allows for
recharacterization automatically after a period of time or due
solely to the passage of time. 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,
eed
Executive Diljec
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