DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8130-08
16 January 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 13 January 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 5 February 1962 at age 17.
Your record shows that you scored in mental group IV on the
aptitude test and had completed eight years of education. On 24
March 1964 you received nonjudicial punishment for conduct to the
prejudice of good order and discipline. A special court-martial
convened on 26 February 1965 and convicted you of two periods of
unauthorized absence totaling about 140 days and conduct with
intent to defraud. The sentence of the court included a bad
conduct discharge which was suspended for a probationary period
of six months. You were then charged with a period of
unauthorized absence from 16 June to 13 September 1965, a period
of about 87 days. Apparently during this period, you were
convicted by civil authorities of interstate transportation of a
stolen motor vehicle. Sometime during this period, the
suspension of the bad conduct discharge was vacated.
Subsequently, you were an unauthorized absentee from 18 September
to 28 December 1965 when you were apprehended by civil
authorities. On 27 January 1966 you were convicted by civil
authorities of transferring a firearm across state lines after
being convicted of a felony. The bad conduct discharge was
issued on 22 March 1966.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and limited
education. The Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
"your multiple instances of military and civilian misconduct. The
Board concluded that the discharge was proper as issued and no
change is warranted.
There is nothing in your service or medical record to show that
you served in Vietnam or that you were wounded in action.
Therefore, there is no basis for the award of the Purple Heart in
your case.
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,
LN ass§
W. DEAN P
Executive rector
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