DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6337-07
17 April 2008
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 15 April 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 10 November 1958 at age 17.
You served for nearly a year without disciplinary incident, but
during the period from 15 September to 12 October 1959 you
received nonjudicial punishment (NJP) on three occasions for
failure to go to your appointed place of duty and two
specifications of failure to obey a lawful order.
During the period from 1 March to 19 July 1960 you received NJP
on seven more occasions for wearing an unpressed uniform, five
specifications of failure to obey a lawful order, and breaking
restriction. On 8 August 1960 you were convicted by summary
court-martial (SCM) of failure to obey a lawful order and
sentenced to reduction to paygrade E-1, hard labor for 30 days,
and a $25 forfeiture of pay. Shortly thereafter, on 31 August
1960, you received NJP for failure to obey a lawful order and
were awarded confinement on bread and water for three days.
Subsequently, you were processed for administrative separation by
reason of unsuitability. On 4 January 1961 your commanding
officer recommended discharge under honorable conditions by
reason of unsuitability. On 6 February 1961 the discharge
authority approved this recommendation and directed separation
under honorable conditions by reason of unsuitability, and on_14 _
_- "March 1961. you were issued_a_general discharge. ——__.___.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 3.6. An average
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your post service conduct and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct, which resulted in 11 NUPs
and a court-martial conviction, and since your conduct average
was insufficiently high to warrant an honorable discharge.
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,
Leh wu
W. DEAN P
Executive D\nxesNior
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