DEPARTMENT OF THE NAVY
                 BOAFRD FOE CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037O~5 1 00

SMW
Docket No: 9613-06
1 March 2007

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 28 February 2007. 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.

On 15 July 1948 you enlisted in the Navy at age 18. During the period from 29 November 1948 to 8 October 1951 you received six captain’s masts (CM’s) and were convicted by two summary courts-martial (SCM’s) and a special court-martial (SPCM). Your offenses included two instances of shirking, two instances of leaving your post without being properly relieved, failure to walk your post in a military manner, slow in obeying orders, improper performance of duty, disrespect, disobedience of a lawful order, two instances of possession of clothing belonging to others, a three day period of unauthorized absence (UA), sleeping on post, and breaking restriction.

On 12 June 1952 you were convicted by SPCM of willful disobedience of a lawful order and negligence in the performance of your duty. The court sentenced you to forfeitures of pay and a bad conduct discharge (BCD). On 16 September 1952 your request for restoration to duty was denied. On 19 September 1952 you received CM for throwing a firecracker. After the BCD was approved at all levels of review, on 8 October 1952 you were so discharged.

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The Board, in its review of your entire record, carefully considered all mitigating factors, such as your    youth. The Board also considered your contention of events that led to several charges. Nevertheless, the Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge due to your repetitive misconduct. 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,

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