DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:echb
Docket No. 04444-08
8 April 2009
mer
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 1 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 28 April 1961. Between June
1962 and September 1963 you received one summary court-martial
two special courts-martial and one nonjudicial punishment. Your
offenses were several periods of unauthorized absence (UA),
being disrespectful to a noncommissioned officer, breaking
restriction, unlawful possession of a weapon and assaulting a
chief petty officer. Following these offenses you were tried by
a third special court-martial for UA and sentenced to be
confined at hard labor for three months, forfeiture of $210 and
a bad conduct discharge (BCD), however execution of the BCD was
suspended and you were placed on probation. Unfortunately after
being released from confinement you violated your probation by
going UA for a fifth time. You received your BCD on 8 September
1964.
In its review of your application the Board concluded that in
view of your repeated and serious acts of misconduct as well as
your violation of probation your BCD was properly issued and
should not be changed now as a matter of clemency.
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,
Yodo
W. DEAN PFEI
Executive Di r
Enclosure
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