DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 712-08
5 September 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 3 September 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.
On 30 April 1962, you enlisted in the Marine Corps at age
18. On 3 December 1962, you began an unauthorized absence (UA)
that ended on 14 December 1962, a period of about 11 days. On
18 December 1962, you were convicted by a summary court-martial
of the 11 day period of UA. On 14 January 1963, you began a UA
that ended on 16 February 1963, a period of about 33 days. On
28 February 1963, you were convicted by a special court-martial
(SPCM) of the 33 day period of UA and missing the movement of
your unit. The sentence included forfeitures of pay,
confinement at hard labor (CHL), and a bad conduct discharge
(BCD). Only a portion of the CHL and forfeitures of pay were
subsequently approved.
On 11 June 1963, you began a UA that ended on 26 August 1963, a
period of about 76 days. On 8 October 1963, you were convicted
by a SPCM of the 76 day period of UA. The sentence included
CHL, forfeitures of pay, and a BCD. The BCD was subsequently
suspended for a period of six months.
On 11 December 1963, you began a UA and were apprehended by the
Federal Bureau of Investigation on 12 March 1964, and held
pending charges for writing worthless checks. On 8 April 1964,
you were convicted in civilian court for fraudulent checks and
sentenced to probation, a fine, and full restitution. On
9 April 1964, you were returned to military authorities after
being in a UA status for about 120 days. On 18 May 1964, the
BCD was vacated and ordered executed. On 9 July 1964, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contentions that personal
problems contributed to your misconduct and you served without
incident until your period of UA that resulted in your BCD.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your repetitive misconduct. Regarding
your contentions, personal problems do not excuse misconduct
and the record shows that you were convicted by three courts-
martial before your suspended BCD was ordered executed.
Therefore, 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.
Your original DD Form 214 that you submitted with your petition
is returned as requested.
Sincerely,
W. DEAN PF
Executive Di
Enclosure
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