DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03634-08
23 March 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 17 March 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 17 August 1961 at age 17. On 11 March 1963, you were
convicted by special court-martial (SPCM) of 14 days of
unauthorized absence (UA) and altering your military
identification card. During the period from 2 July 1963 to 23
March 1965, you received three nonjudicial punishments (NUJPs) for
disrespect and two instances of absence from your appointed place
of duty. Additionally, you also were convicted by four summary
courts-martial (SCM’s) of two periods of UA totaling seven days,
failure to go to your appointed place of duty, and absence from
your appointed place of duty.
You were processed for an administrative discharge by reason of
unfitness. You elected to waive the rights to have your case
heard by a board of officers and on 26 April 1965, your
commanding officer recommended an undesirable discharge by reason
of unfitness. On 21 May 1965 the discharge authority directed an
undesirable discharge. You were so discharged on 8 June 1965.
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 due to your extensive disciplinary record
consisting of three NJP’s, and convictions by SCM and SPCM.
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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