DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 10343-02
12 September 2003
This 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 9 September 1963 at age 17.
On 4 May and again on 17 August 1964 you received nonjudicial
punishment (NJP) for two specifications of drunk and disorderly
conduct.
On 22 February 1965 you were convicted by special court-martial
(SPCM) of assault and theft of $30. You were sentenced to a $75
forfeiture of pay, reduction to paygrade E-1, and confinement at
hard labor for six months. On 13 July 1965 you received NJP for
failure to obey a lawful order, sleeping on watch, and being
incapacitated for duty. The punishment imposed was a $75
forfeiture of pay.
During the period from 27 December 1965 to 15 February 1966 you
were hospitalized after complaints of malaria, chills and fever.
You were subsequently diagnosed with malaria with plasmodium
falciparum which you incurred while serving in Vietnam.
You received NJP on 28 February and 31 March 1966 for two periods
of unauthorized absence (UA) totalling two days. On 8 June 1966
you began a 29 day period of UA that was not terminated until 7
July 1966. However, the record does not reflect the disciplinary
action taken for this period of UA. On 26 October 1966 you were
convicted by SPCM of a 67 day period of UA and were sentenced to
confinement at hard labor for six months, a $342 forfeiture of
pay, and a bad conduct discharge (BCD). On 18 November 1966 the
convening authority approved only so much of the sentence that
provided for confinement at hard labor for four months and a $220
forfeiture of pay.
On 31 May 1967 you were convicted by SPCM of two periods of UA
totalling 101 days. You were sentenced to confinement at hard
labor for six months, a $260 forfeiture of pay, and a BCD.
On 24 October 1967 you submitted a written request for immediate
execution of the BCD, in which you stated, in part, that you
could not get along in the Marine Corps. Subsequently, the BCD
was approved at all levels of review and on 9 November 1967 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, service in Vietnam, and the letter
submitted with your application from your niece in support of
your case. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your serious repetitive misconduct, which included
theft from a fellow Marine and multiple and lengthy periods of UA
totalling more than nine months. The Board also noted that your
misconduct resulted in eight disciplinary actions, three of which
were court-martial convictions. Further, the Board noted that
the sentence to a BCD at an earlier court-martial was
disapproved, but you failed to take advantage of this second
chance and went UA on two more occasions. 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,
Executive Di
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