DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 7567-08
12 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title (16, 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 10 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 ail
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 wae insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 30 December 1958 at age 17
and served without disciplinary incident until 10 October 1959,
when you received nonjudicial punishment (NUP) for disobedience.
During the period from 5 January to 7 October 1960 you were
convicted by special court-martial (SPCM) on two occasions and
received NJP. Your offenses were disobedience, disrespect,
absence from your appointed place of duty, drunkenness, and drunk
and disorderly conduct.
On 18 May 1961 you received NIP for a one day period of
unauthorized absence (UA). In August 1961, after undergoing
psychiatric evaluations, you were diagnosed with a character and
behavior disorder and recommended for an administrative
discharge. On 18 September 1961 you were convicted by SPCM of
two periods of UA totalling 24 days. You were sentenced to
ae
confinement at hard labor for six months, a $420 forfeiture of
pay, and a bad conduct discharge (BCD). The BCD and a portion of
the confinement at hard labor were suspended for six months.
On 9 October 1961 you were notified of pending administrative
separation action by reason of convenience of the government due
to unsuitability as evidenced by your diagnosed character and
behavior disorder, and repeated disciplinary infractions. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
Subsequently, your commanding officer recommended discharge by
reason of unsuitability due to disciplinary infractions and the
diagnosed character and behavior disorder. The discharge
authority approved this recommendation and directed discharge
under honorable conditions, and on 4 December 1961 you were
issued a general discharge.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct average was 2.6. An
average of 4.0 in conduct was required at the time of your
discharge for a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
general discharge. It also considered your assertion that your
disciplinary problems were the result of unrecognized alcoholism.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your general
discharge because of the seriousness of your misconduct, your
diagnosed character and behavior disorder, and since your conduct
average was insufficiently high to warrant an honorable
discharge. In regards to your assertion of alcoholism, alcohol
abuse is not an excuse for misconduct. Furthermore, disciplinary
action and an administrative separation are appropriate for
alcohol related offenses. The Board noted that you were given an
opportunity to possibly receive a better characterization of
service, but waived your procedural right to present your case to
an ADB. Finally, the Board concluded that you were fortunate to
have received a general discharge. Accordingly, your application
has been denied.
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,
W. BEAN DPE
Executive Dir
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