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
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
FC
Docket No: 3695-03
27 October 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 22 October 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 20
February 1956 at age 17. You then served without incident until
8 July 1957, when you received nonjudicial punishment (NJP) for
carrying a concealed knife and were awarded a reduction to
paygrade E-1. A service record entry of 3 April 1958 indicates
that administrative separation processing for unfitness due to
repeated venereal infection was suspended because of your
rotation back to the United States. During the period 2 February
to 1 June 1959 you received three more NJPs for disrespect,
failure to obey a lawful order, and a brief period of
unauthorized absence (UA) .
On 17 June 1959 you were informed of administrative separation
processing by reason of misconduct due to frequent involvement of
a discreditable nature with civil or military authorities, and
you elected to retain all of your procedural rights. On 22 June
1959 the commanding officer recommended an undesirable discharge.
On 30 June 1959 an administrative discharge board (ADB)
recommended that you be retained in the Marine Corps. In July
1959, the separation authority approved the findings of the ADB
and you were retained in the Marine Corps.
On 19 April 1960 you were convicted in civil court of first
degree robbery and sentenced to five years in prison. When you
were informed that administrative separation action had been
initiated due to the civil conviction, you again elected to
retain all of your procedural rights. On 20 May 1960 the
commanding officer recommended an undesirable discharge by reason
of misconduct due to the conviction. On 20 June 1960 an ADB
found misconduct due to civil conviction, and recommended an
undesirable discharge. Subsequently, the separation authority
approved the ADB1s findings and recommendation. On 22 July 1960
you received an undesirable discharge.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity, the time that has passed since you were discharged
from the Marine Corps, and your good post service adjustment.
However, the Board found that these factors were not sufficient
to warrant recharacterization of your discharge because of the
serious nature of your misconduct that resulted in a civil
conviction for first-degree robbery as well as the prior
misconduct that resulted in four NJPs. Furthermore, the Board
noted that you were given an opportunity to earn a better
characterization of service when you were retained in the Marine
Corps after the first ADB. However, you failed to take
advantage of this opportunity and subsequently committed the
offense of first degree robbery. 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 D
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