DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2145-08
30 October 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
29 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 13 January 1964, you enlisted in the Marine Corps at age 17 with
parental consent. On 28 February 1964, while in recruit training,
you began an unauthorized absence (UA). On 3 March 1964, you were
apprehended by civilian authorities and held pending charges of
interstate automobile theft. On 23 March 1964, you were issued
orders to report to military authorities. However, on 24 March 1964,
you began another UA when you failed to comply with the orders. On
2 April 1964, you were apprehended by military authorities after
being in a UA status for about nine days. On 25 May 1964, you were
delivered to civilian authorities. On 8 June 1964, you were
convicted in civil court of interstate automobile theft and then
returned to military authorities. On 17 June 1964, you were
convicted by a summary court-martial of two instances of UA totaling
33 days and failure to obey a lawful order.
On 17 June 1964, your commanding officer initiated administrative
separation by reason of misconduct and recommended an undesirable
discharge (UD). In connection with this processing, you acknowledged
that separation could result in a UD and waived the right to have
your case heard by an administrative discharge board (ADB). On
28 July 1964, the separation authority approved the discharge
recommendation and directed a UD by reason of misconduct. On
6 August 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 and
post service conduct. The Board also considered your contentions
that medical treatment received while in recruit training and
subsequent physical abuse that occurred after being assigned to a new
platoon may have contributed to your misconduct. Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of your
misconduct, specifically, more than a month of UA and a civil
conviction. Regarding your contentions, the record shows that you
were hospitalized and treated for itching and also given preventive
treatment against meningitis, but there is no evidence in the record
of physical abuse. The Board also noted that you waived the right to
have your case heard by an ADB, your best opportunity for retention
or a more favorable characterization of service. 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.
Sincerely,
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