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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8649-06
25 July 2007
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Des a
This is in reference to your application- for correction of your
naval record pursuant to the provisions of Title 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 25 July 2007. 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 reenlisted in the Marine Corps on 12 February 1958 after four
years of prior honorable service. You continued to serve without
incident until 17 August 1960, when you received nonjudicial
punishment (NJP) for failure to obey a lawful order.
During the period from 26 September to 28 November 1961 you were
convicted by summary court-martial (SCM) and received NJP on
three occasions for four periods of absence from your appointed
place of duty, two specifications of breaking restriction, and a
one day period of unauthorized absence (UA). On 25 December 1961
you began a period of UA that was not terminated until you were
apprehended by civil authorities for statutory rape. On 28
December 1961 you were convicted by civil authorities of battery
and disturbing the peace. You were sentenced to confinement for
30 days.
On 25 January 1962, upon release from Civil authorities, you were
returned to military control thus terminating a 39 day period of
UA. On 27 February 1962 an investigation was conducted regarding
your self-inflicted injuries, specifically, slashes on your left
wrist with a razor blade. At that time you stated that if you
were returned to confinement, you would again attempt suicide.
Subsequently, you were notified of pending administrative
separation action by reason of unfitness due to indebtedness, UA,
and civil conviction. After consulting with legal counsel you
waived your right to present your case to an administrative
discharge board (ADB). On 13 March 1962 your commanding officer
recommended an undesirable discharge by reason of unfitness due
to indebtedness, a 65 day period of UA, and civil conviction as
evidenced by three NUPs, SCM, and a pending special court-martial
(SPCM). The discharge authority approved this recommendation and
directed an undesirable discharge by reason of unfitness, and on
27 March 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 prior honorable service, the passage of time, and your
assertion that you paid the penalty for the couple of silly
mistakes that you made. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct in both
the military and civilian communities. Further, the Board noted
that you were given an opportunity to defend yourself, but waived
your procedural right to present your case to an ADB. Finally,
no discharge is automatically upgraded due solely to the passage
of time. 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,
\S
W. DEAN PF
Executive D Oo
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