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NAVY | BCNR | CY2007 | 04549-07
Original file (04549-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                            WASHINGTON DC 20370-5100
 CRS
Docket No: 4549-07
 16 May 2008





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 14 May 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you reenlisted in the Marine Corps on 29 July 1960 after nearly three years of prior active service. A special court-martial convened on 1 December 1960 and found you guilty of an unauthorized absence of 30 days.
A second special court-martial convened on 23 May 1961 and found you guilty of unauthorized absences totaling 50 days and failure to obey orders. The court sentenced you to confinement at hard labor for six months, forfeitures of $40 per month for six months, and a bad conduct discharge. You were discharged with a bad conduct discharge on 22 September 1961.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, good post service conduct, and the contention that headaches caused your misconduct. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given the nature and severity of your offenses. Further, there is no evidence in the record to show that you actually suffered from headaches during your two periods of active duty. In addition, even if you did have headaches during your periods of active duty, there is no indication that you did not know right from wrong or were unable to adhere to the right. 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,       -


ROBERT D. ZSALMAN
Acting Executive Director

Copy to: Disabled American Veterans































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