DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10060-06
5 April 2007
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 4 April 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.
On 15 February 1960 you enlisted in the Marine Corps at age 17
with parental consent. During the period from 18 August 1960 to
28 August 1962, you received three nonjudicial punishments
(NJP's) and were convicted by two special courts-martial
(SPCM's). Your offenses included three instances of unauthorized
absence (UA) totaling about 27 days, two instances of failure to
obey a lawful order, wrongful appropriation of a government
vehicle, disrespect, and absence from your appointed place of
duty. On 15 November 1962 you were convicted by civil court of
entry without consent. On 28 January and 7 February 1963 you
received two more NJP's for three instances of absence from your
appointed place of duty.
On 11 February 1963 your CO initiated administrative separation
action by reason of unfitness, and recommended an undesirable
discharge. In connection with this processing, you acknowledged
that separation could result in an undesirable discharge and
waived the right to have your case heard by a board of officers.
On 1 March 1963 the separation authority approved the
recommendation for separation and directed an undesirable
discharge by reason of unfitness. On 12 March 1963 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 the contention that you had no opportunity to
present a defense because you were being held by civil
authorities. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your repetitive misconduct.
Regarding your contention, even though you may have been in civil
confinement at the time of your separation processing, the record
shows that you were provided the opportunity to consult counsel,
submit a statement, have your case heard by a board, and appear
before the board. However, you chose to waive those rights.
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,
W. DEAN
Executive D
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