DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 8134-07
9 October 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 7 October 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 5 August 1960 at age 17. You
served without disciplinary incident until 22 August 1961, when
you were convicted by summary court-martial (SCM) of a nine day
period of unauthorized absence (UA). You were sentenced to hard
labor for 30 days, a $50 forfeiture of pay, and reduction to
paygrade E-1.
On 2 January 1962 you received nonjudicial punishment (NJP) for
absence from your appointed place of duty and were awarded
restriction for two weeks. On 17 May 1962, after undergoing a
physical evaluation, you were diagnosed with bilateral defective
hearing and recommended for an administrative discharge.
Subsequently, you were notified of pending administrative
separation action by reason of unsuitability due to the diagnosed
bilateral defective hearing. At that time you did not object to
the discharge. Your commanding officer recommended discharge by
reason of unsuitability due to the diagnosed bilateral defective
hearing. On 11 July 1962 the discharge authority approved this
recommendation and directed discharge under honorable conditions.
On 1 August 1962 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 3.9. 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 assertions that your discharge should be upgraded
because you served without problems or disciplinary issues and
were discharged for a medical condition. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct,
and since your conduct average was insufficiently high to warrant
an honorable discharge. Finally, there is documented evidence in
the record, specifically, your NUP and SCM, that is contrary to
your assertion. 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,
loQon
W. DEAN PFEIPFE
Executive Dikrde
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