DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10251-02
8 September 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 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 30 November 1956 at age 17.
You served without disciplinary incident until 1 May 1959 when
you received nonjudicial punishment
unauthorized absence (UA) and were awarded a reduction to
paygrade E-l.
On 15 August 1959 you were convicted by special
court-martial (SPCM) of unlawful discharge of a firearm.
You
were sentenced to confinement at hard labor for three months and
a $210 forfeiture of pay.
On 2 November 1959 you departed on another period of UA.
this period of UA you were apprehended and held in custody by
civil authorities on charges of grand theft, grand theft auto,
and drunken driving.
civil court of unlawfully taking and driving a vehicle.
sentenced to an indefinite period of confinement at a youth
facility.
On 6 April 1960, while you were in the custody of civil
authorities, you were notified of pending administrative
separation action by reason of misconduct due to civil
On 4 February 1960 you were convicted in
(NJP) for a 23 day period of
During
You were
At that time you waived your right to consult with
conviction.
legal counsel and to present your case to an administrative
discharge board.
On 5 May 1960 your commanding officer
recommended separation by reason of misconduct due to the
foregoing civil conviction.
Subsequently, the discharge
authority approved this recommendation and directed an
undesirable discharge,
and on 22 June 1960 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your discharge
has been a deterrent in that you can not receive veterans
benefits, be a members of various organizations, and cannot apply
for certain jobs.
recharacterization of your discharge was not warranted because of
your serious and repetitive misconduct in both the military and
civilian communities.
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.
Nevertheless, the Board concluded
Accordingly, your application has been
Sincerely,
2
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