DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 9442-07
9 July 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 1 July 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.
You enlisted in the Marine Corps on 21 January 1960 at age 17.
On 16 January 1960 you were apprehended by civil authorities on
suspicion of robbery. Approximately 12 days later, you were
released by the civil authorities and returned to your unit. On
4 November 1960 you were convicted by civil authorities of
robbery in accordance with your plea of guilty. you were,
sentenced to serve one year in the county jail which was
suspended for three years.
authorities. Subsequently, you received another NJP for breaking
restriction. On 28 December 1960 you were notified of separation
processing by reason of misconduct. On 23 January 1961, you were
examined by a medical officer who concluded that you knew right
from wrong, there was no evidence of psychosis and you were able
against you. On 26 January 1961 you appeared before an
administrative discharge board which considered the facts of your
case and recommended an undesirable discharge by reason of
misconduct. After review, the separation authority directed an
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and your
contention, in effect, that you were mentally ill at the time of
your service in the Marine Corps and have been mentally ill since
then. The Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your conviction by civil authorities of a serious offense.
Apparently, you were not obviously mentally ill when convicted by
the civil authorities. Further, prior to your discharge you were
examined by a medical officer who found that you understood right
from wrong and were responsible for your actions. In view of the
foregoing, 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,
Lo We aif ‘
W. DEAN PFE
Executive Direc
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