DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

FC
Docket No: 1128-04
29 July 2004

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 21 July 2004. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice

The Board found that you enlisted in the Navy on 25 July 1951 at age 17. During the period from 27 February to 5 August 1952 you received three nonjudical punishments (NJPs) for disobedience of an order and two brief periods of unauthorized absence (UA). On 19 January 1953 you were convicted by summary court martial (SCM) of wearing the uniform of a third class petty officer. You were sentenced to 21 days of restriction and a forfeiture of pay. During the period of 15 June to 12 December 1953 you received two more NJPs for a brief period of UA, and possession of obscene and lewd photographs. On 6 March 1954 you were convicted by a second SCM of a 15-day period of UA and missing ship’s movement. You were sentenced to a reduction to paygrade E-2 and 50 days of restriction. On 10 June 1954 you received a sixth NJP for failure to submit a request for a long weekend. You were awarded extra duty.

On 24 November 1954 you were convicted by special court martial (SPCM) of a 27-day period of UA, missing ship’s movement, unauthorized possession of blank liberty cards, and four specifications of unauthorized possession of another person’s clothing. You were sentenced to confinement at hard labor and a bad conduct discharge (BCD). On 7 February 1955 you waived the right to request restoration to duty and requested immediate execution of the BCD. On 3 March 1955, you were so discharged.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, and the length of time that has passed since you were discharged from the Navy and your contentions that you requested to have a different counsel and did not have a chance to fight the charges. However, the Board found that these factors and unsubstantiated contentions were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct that resulted in six NJPs, and conviction by two SCM’s and a SPCM. The Board also noted that you waived the right to request restoration to duty. Further, the Board is legally barred from considering your contention of error in the court-martial process, and must restrict its review to clemency action on the sentence. 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.

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