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NAVY | BCNR | CY2002 | 10329-02
Original file (10329-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  F O R   C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2   N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 10329-02 
12 September 2003 

 his is in reference to your application for correction of your 
naval record pursuant to the provisions of ~ i t l e  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 9 September 2003.  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. 

You enlisted in the Marine Corps on 27  December 1957 at age 18. 
You served for a year and three months without disciplinary 
incident, but on 10 March 1959 you received nonjudicial 
punishment (NJP) for failure to go to your appointed place of 
duty and w e r e   awarded confinement on bread and  water for three 
days.  On 11 May and again on 16 July 1959 you were convicted by 
summary court-martial (SCM) of a one day period of unauthorized 
absence (UA), failure to obey a lawful order, absence from your 
appointed place of duty, resisting arrest, and breach of the 
peace. 

On 27  May 1960 you were convicted by special court-martial (SPCM) 
of a 45 day period of UA.  The punishment imposed was confinement 
at hard labor for four months, a $200 forfeiture of pay, 
reduction to paygrade E-1, and a bad conduct discharge (BCD), 
which was suspended for six months. 

On 23 February and 8 December 1961 you received NJP for 
disrespect, two specifications of contempt, failure to obey a 
lawful order, and dereliction of duty. 

On 1 Februarv and 5 March 1962 YOU were convicted bv SCM of 
disrespect and destruction of p;operty. 
16 March 1962 you were notified of pending administrative 
separation action by reason of unfitness due to frequent 
involvement of a discreditable nature with military authorities. 
After consulting with legal counsel, you elected to present your 
case to an administrative discharge board  (ADB).  The ADB 
recommended an undesirable discharge by reason of unfitness due 
to frequent involvement of a discreditable nature with military 
authorities.  Subsequently, your commanding officer recommended 
an undesirable discharge, stating, in part, as follows: 

Shortly thereafter, on 

(Member) performs his duties in an average manner.... he 
refuses to leave alcoholic beverages alone even after having 
received proper counselling on numerous occasions ....  this 
appears to be the reason behind most of his offenses. 

On 30 March 1962 the discharge authority directed an undesirable 
discharge by reason of unfitness, and on 6 April 1962 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 alcohol 
addiction was the cause of your problems.  It also considered 
your contention that there was no available rehabilitation 
program to help you with your alcohol problems.  Nevertheless, 
the Board concluded these factors and contentions were not 
sufficient to warrant recharacterization of your discharge 
because of your repetitive miscanduct, which resulted in three 
NJPs and five court-martial convictions.  Further, the Board 
noted that you were properly counselled on numerous occasions 
concerning your alcohol problem, but refused to stop your 
excessive.  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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