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

FC
Docket No: 2051-04
9 August 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 4 August 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 record1 the Board found that the evidence submitted was insufficient to establish the existence of probable material ~or -V injustice

The Board found that you enlisted in the Navy on 21 June 1957 at age 17. During the period from 18 November 1957 to 29 April 1958 you received three nonjudicial punishments (NJPs) for failure to obey an order, communication of a threat, black marketing activity, and a brief period of unauthorized absence (UA). On 22 October 1958 you were convicted by summary court martial (SCM) of a three-day period of UA. You were sentenced to a forfeiture of pay and two week of hard labor. On 23 December 1958 you were convicted by special court martial (SPCM) of a 29-day period of UA. You were sentenced to 60 days of confinement at hard labor, forfeitures of pay, and a reduction to paygrade E-2. On 13 July 1958 you were convicted by a second SPCM of a 96-day period of UA. You were sentenced to 180 days of confinement at hard labor, forfeitures of pay, and a reduction to paygrade E-1. On 3 November 1959 you were the subject of a psychiatric evaluation. The attending psychiatrist determined that you had no psychiatric disturbances at that time and recommended administrative separation processing because of your disciplinary record.

On 6 November 1959, you were notified of pending administrative separation action by reason of unfitness. On that same day, you made a written statement indicating that you did not desire to remain in the Navy because you could not adjust. On 18 November 1959 the commanding officer recommended an undesirable discharge by reason of unfitness. On 30 November 1959 the separation authority directed an undesirable discharge by reason of unfitness. On 18 December 1959, you received an undesirable discharge.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, the length of time that has passed since you were discharged from the Navy, and your post service adjustment. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of the frequent misconduct that resulted in three NJPs and convictions by an SCM and two SPCMs. 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,

2