DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L 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
FC
Docket No: 01986-03
8 August 2003
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 30 July 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, and applicable statutes, regulations and
policies. The Board was unable to obtain your official record,
and conducted its review based on the copies of the record that
you submitted .
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 30 March
1956 at age 17. On 3 December 1956 you returned from a three-day
period of unauthorized absence. There is no record of any
disciplinary action for this offense in the record.
On 5 April 1957 you were convicted by civil court of four counts
of making vulgar and obscene phone calls. One of these calls was
made to a seven-year old girl. You were sentenced to 100 days in
jail and a $50 fine. Part of the jail sentence was suspended.
When notified of administrative separation processing, you
requested to remain in the Marine Corps. On 22 April 1957, the
commanding officer recommended an undesirable discharge by reason
of misconduct due to the civil conviction. On 29 April 1970, an
administrative discharge board also recommended that you be
separated by reason of misconduct due to the civil conviction.
On 9 May 1957, the separation authority directed an undesirable
discharge and on 29 May 1957 you were so discharged.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity, and the length of time that has passed since you
were discharged from the Marine Corps. However, the Board found
that these factors were not sufficient to warrant
recharacterization of your discharge given your civil conviction
of a serious offense. 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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