DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10197-02
8 September 2003
:
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 2003.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 Marine Corps on 27 January 1958 at age 17.
On 8 December 1958 you received nonjudicial punishment (NJP) for
absence from your appointed place of duty and were awarded
restriction for two weeks.
Shortly thereafter, on 29 December
1958, you received NJP for breaking restriction.
imposed was reduction to
On 11 March and again on 5 May 1959 you were convicted by summary
court-martial (SCM) of two periods of unauthorized absence (UA)
totalling three days and breaking restriction.
On 25 June 1959
you were convicted by special court-martial
unauthorized possession of an identification card and a library
card.
You were sentenced to confinement at hard labor for six
months, a $330 forfeiture of pay, and a bad conduct discharge
The BCD was suspended for six months.
(BCD).
a board of review (BOR) dismissed the charge of unauthorized
possession of an identification card and a library card.
On 16 October 1959
At that
(SPCM) of assault and
paygrade E-l.
The punishment
This charge was subsequently changed, and
You were sentenced to confinement for two
time the BOR approved only so much of the sentence that provided
for confinement at hard labor for four months and a $220
forfeiture of pay.
During the period from 21 January to 27 September 1960 you
received NJP on three occasions for two periods of absence from
your appointed place of duty and failure to obey a lawful order.
On 31 December 1960 you were arrested by civil authorities and
charged with burglary.
on 4 January 1961, you were convicted by civil authorities of
being a "peeping tom."
days and a $25 fine.
On 9 January 1961 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military and civilian
authorities as evidenced by your many minor infractions and your
attitude and behavior pattern which was not in keeping with
traditional Marine Corps standards.
After consulting with legal
counsel you elected to present your case to an administrative
discharge board (ADB).
On 10 January 1961 you were convicted by
SCM of a two day period of UA and were sentenced to hard labor
for 15 days and a $70 forfeiture of pay, $45 days of which was
suspended for six months.
Subsequently, your commanding officer recommended you be issued
an undesirable discharge by reason of misconduct due to repeated
offenses and civil convictions.
recommended you be issued an undesirable discharge.
January 1961 the discharge authority then directed an undesirable
discharge by reason of unfitness due to frequent involvement of a
discreditable nature with military and civilian authorities, and
on 25 January 1961 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and the fact
It also considered
that you nearly completed your enlistment.
your contention that you did not receive an honorable discharge
because you were unjustly confined for a year and were not able
The Board
to obtain sufficient conduct and proficiency marks.
further considered your contention that because of your drug
Nevertheless,
addiction you could not made competent decisions.
the Board concluded these factors and contentions were not
sufficient to warrant recharacterization of your discharge
because of your serious and repetitive misconduct in both the
military and civilian communities.
has been denied.
The names and votes of the members of the panel will be furnished
upon request.
On 17 January 1961 an ADB
On 20
Accordingly, your application
2
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,
3
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