DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7357-08
13 April 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 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.
On 30 March 1956, you enlisted in the Marine Corps at age 17 with
parental consent. On 23 November 1957, you were convicted by a
special court-martial of a 40 day period of unauthorized absence.
Your sentence included forfeitures of pay, confinement at hard labor,
reduction in rank, and a bad conduct discharge (BCD), but the BCD was
later suspended for your period of confinement and six months
thereafter. On 5 February 1959, you were convicted by a summary
court-martial of wrongful appropriation of a government vehicle.
On 20 February 1959, you were convicted in civilian court of three
instances of forgery and sentenced to one year in jail.
Based on the information currently contained in the record, it
appears that on 24 February 1959, your commanding officer initiated
administrative separation by reason of misconduct due to a civil
conviction. In connection with this processing, you would have
acknowledged that separation could result in an undesirable discharge
(UD) and it appears that you elected to have your case heard by an
administrative discharge board (ADB). On 13 March 1959, an ADB
convened and found that you were guilty of misconduct due to a civil
conviction and recommended a UD. On 16 March 1959, the separation
authority approved the recommendation and directed a UD by reason of
misconduct due to a civil conviction. On 7 April 1959, 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
desire for a better discharge. The Board also considered the letters
of character reference that you provided with your application, your
belief that you were awarded a Good Conduct Medal (GCM), and
contention that alcohol abuse 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. Furthermore, the record shows that
you were not awarded a GCM. In order to receive a GCM, a service
member must serve three years without a disciplinary action and if
there igs a disciplinary action, the GCM period commencement date is
restarted. Finally, there is no evidence in the record to show that
alcohol abuse contributed to your misconduct, but even if there were
such evidence, that would not excuse it. 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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