DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2757-05
21 October 2005
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 19 October
2005. 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 May 1960 at age 17 with parental
consent and served without incident for more than 15 months. However,
during the period from 6 October 1961 to 18 October 1962 you received
nonjudicial punishment (NJP) and were convicted by two summary courts-
martial (SCM’s). Your offenses included two instances of unauthorized
absence’s (UA’s) totaling about 33 days, having an open container of
alcohol in your vehicle, possession of alcohol as a minor, and being
under the influence of alcohol. On 21 December 1961 you were convicted by
civil authorities of speeding and having a loud muffler.
On 6 December 1962, less than two months after the last SCM, you began
another period of UA that ended on 2 January 1963, a period of about 28
days. You were then issued stragglers orders to return to your command by
5 January 1963. However, you failed to comply with the orders, which
placed you back in a UA status until you were apprehended by civil
authorities on 26 January 1963, about 22 days later. You were then held
in jail pending charges of grand theft of cattle.
On 11 April 1963 you were convicted in civil court and sentenced to 12
months in prison with nine months suspended, and three years probation. You
were also ordered to make restitution.
On 10 May 1963 the commanding officer recommended you for an administrative
discharge by reason of misconduct due to civil conviction and recommended
an undesirable discharge. In connection with this processing, you were
advised of the consequences of such a discharge and waived your procedural
rights. The discharge authority subsequently approved the recommendation of
the commanding officer and you were so discharged on 31 May 1963.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and your
desire for a better discharge to qualify for veterans benefits.
Nevertheless, the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the repetitive
misconduct in both the military and civilian communities, especially the
offense that resulted in your civil conviction and discharge. The Board
noted that you waived the right to an ADB, your best opportunity for
retention or a more favorable characterization of service. Therefore, the
Board concluded that the discharge was proper as issued and no change is
warranted.
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,
2
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