DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5436-12
22 March 2013
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 20 March 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,
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
22 July 1959 at the age of 19. You received nonjudicial
punishment (NJP) on four occasions for disobeying a lawful
order, absence from your appointed place of duty, two instances
of unauthorized absence (UA) from your unit and missing ship's
movement. You were convicted by summary court-martial (SCM) on
two occasions of UA from your unit. In spite of repeated
counseling, you contracted preventable venereal disease on four
occasions. You were notified of pending administrative
discharge processing with an undesirable discharge (UD) due to
unfitness. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 6 December 1962, the ADB recommended the UD. The commanding
officer concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. The separation authority
agreed with the finding and recommendation of the ADB, and
directed a UD by reason of unfitness. On 17 November 1955 you
were so discharged. On 17 October 1984 this Board upgraded the
characterization of your discharge to general under honorable
conditions based on then current discharge regulations.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness and repetitiveness of
your misconduct that resulted in four NUPs, two SCMs, and
continued unclean habits. 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,
oT eee a ee
ROBERT D. ZSALMAN
Acting Executive Director
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