DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 03179-08
20 February 2009
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 18 February 2009. 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 7 January 1957 at age 19. On 12 February 1958, you were
convicted by summary court-martial (SCM) of a 13 day period of
unauthorized absence (UA). You were sentenced to hard labor and
a forfeiture of pay. On 6 May 1958, you were convicted by civil
authorities of being under the influence of drugs and petty
theft. You were sentenced to four years probation on the
condition that you serve eight months in jail.
Based on the civil conviction you were processed for an
administrative discharge by reason of unfitness. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 20 May 1958, your
commanding officer forwarded your case recommending that you
receive an undesirable discharge by reason of unfitness. On
6 June 1958, an ADB unanimously found that you had committed
misconduct and recommended an undesirable discharge. On 18 June
1958, the separation authority directed an undesirable discharge.
You were so discharged on 18 July 1958.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your convictions by SCM and civil
authorities, and subsequent incarceration. 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,
\ aes
W. DEAN P R
Executive Oo
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