DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1451-14
5 December 2014
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statutes
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
19 November 2014. 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
31 July 1958. You served for a year without disciplinary
incident, but during the period from 20 July 1959 to 28 November
1960, you received nonjudicial punishment (NJP) and were convicted
by courts-martial on three occasions. Your offenses were wrongful
appropriation, unauthorized absence, and failure to obey a lawful
order.
Subsequently, you were notified of pending administrative
separation by reason of misconduct at which time you waived your
procedural rights to consult with legal counsel and to present
your case to an administrative discharge board (ADB). Your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to unfitness.
The discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 10 March 1961, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge, and
assertion of sexual assault. Nevertheless, the Board found that
these factors were not sufficient to warrant relief in your case
because of the seriousness of your repeated misconduct. Further,
you were given an opportunity to defend your actions, but waived
your procedural rights. Finally, there is no evidence in the
record, and you provided none, to support your assertion.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Sinceyely,
ROBERT J. O'NEILL
Executive Director
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