DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00113-08
19 December 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 17 December 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 and began a period of active
duty on 31 December 1959 at age 17. On 30 August 1960, you were
convicted by special court-martial (SPCM) of conspiracy, making a
false official statement, a day of unauthorized absence (UA), and
breaking restriction. You received confinement at hard labor, a
forfeiture of pay, and a reduction in paygrade. During the
period from 15 December 1960 to 23 July 1962, you received three
nonjudicial punishments (NJP’s) for two brief periods of UA and
absence from your appointed place of duty, and were convicted by
summary court-martial (SCM) of two days of UA and breaking
restriction. Additionally, you were convicted by SPCM of two
days of UA and breaking restriction.
On 16 August 1962, you were convicted by a third SPCM of six days
of UA and breaking restriction. You were sentenced to
‘confinement at hard labor, a forfeiture of pay, a reduction in
paygrade, and a bad conduct discharge (BCD). However, the
supervisory authority approved all punishment except for the BCD.
Based on this disciplinary record you were processed for an
administrative discharge by reason of unfitness. On
27 September 1963, your commanding officer forwarded your case
recommending an undesirable discharge by reason of unfitness.
The discharge authority directed an undesirable discharge and you
were so discharged on 8 November 1963.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and the reasons you stated
that caused your misconduct. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge due to your extensive disciplinary record
consisting of three NUJP’s, a SCM, and conviction by three SPCM’s.
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,
\ Doak.)
W. DEAN
Executive D
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