DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100 .
RDZ:ech
Docket No. 06055-08
15 July 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 8 July 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 .15 January 1958. . Between 17
October 1958 and 23 August 1960 you received two summary court-
martials and three nonjudicial punishments. Your offenses were
eight days of unauthorized absence, disobedience of an order,
absence from appointed place of duty, failure to make muster,
@runk and disorderly conduct and being disrespectful. Asa
direct result of this misconduct your military behavior marks
averaged 3.6 when you were released from duty. Because a mark
of 4.0 was required for a fully honorable discharge you
In its review of your application the Board concluded that in
view of your frequent acts of misconduct and failure to attain a
mark of 4.0 in military behavior your discharge was proper as
issued and should not be changed now as a matter of clemency.
Indeed the Board believed that you were fortunate to have
received a general discharge since Marines with disciplinary
records such as your were usually awarded undesirable
discharges.
Accordingly, your application has been denied. The names and
wotes of the members of the panel will be furnished upon
“request.
8
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 régard, 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,
W. DEAN PFEIF
Executive Dir
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