DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00266-13
17 October 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 16 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, 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
20 August 1953. The Board found that on 16 February 1954 and
16 March 1955, you were convicted by summary court-martial (SCM)
of four days of unauthorized absence (UA) and being absent from
your appointed place of duty. During the period from 13 August
1955 to 10 October 1956, you received six nonjudicial punishments
(NJP’s) for disobedience, disrespect, having an unauthorized meal
pass, being absent from your appointed place of duty, misbehavior
of a sentinel, wrongful possession of an alcoholic beverage
onboard ship, two periods of UA totaling three days during time
of war, and unauthorized possession of two liberty cards.
Subsequently, 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 elected not to make a statement on your
behalf. On 29 October 1956, an administrative discharge board
recommended that you be discharged from the service with an
undesirable discharge due to unfitness. Your case was forwarded
and you received an undesirable discharge on 21 November 1956.
On 28 June 1960, the Naval Discharge Review Board reviewed your
discharge and changed your characterization of service to general
under honorable conditions.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SCM conviction
and six NUP’s. 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,
Executive Dirgéc
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