DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
SMS
Docket No: 8408-08
14 May 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 May 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 9 August 1963,. you reenlisted in the Marine Corps at age 20
after a prior period of honorable service. On 3 November 1963,
you married and acquired three step-children. During the
period 31 January to 17 March 1964, you were in an unauthorized
absence (UA) status on two occasions totaling about 44 days.
On 2 April 1964, you were convicted by a special court-martial
(SPCM) of the two periods of UA totaling 44 days and failure to
obey a lawful order. On 12 June 1964, an American Red Cross
message informed your command that your family was suffering an
extreme financial hardship. During the period 22 June to
-18 August 1964, you were in a UA status on two occasions
totaling about 54 days. On 15 September 1964, you were
convicted by a SPCM of the two periods of UA totaling 54 days
and disobedience of a lawful order. Your sentence included
confinement at hard labor and a bad conduct discharge (BCD).
On 29 October 1964, you stated that you could not support your
family on private's pay, did not desire to return to duty, and
“requested execution of the BCD. After the BCD was approved at
all levels of review, on 17 November 1964, 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 prior period of honorable service. The Board also
considered your explanation that you were trying to save your
marriage. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your repetitive misconduct.
Regarding your explanation, the record does show that you had
personal problems, but that does not excuse misconduct.
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.
The Board noted that as a result of your prior period of
honorable service, you may be eligible for veteérans' benefits
due to changes in the law since your last inquiry with the
Department of Veterans Affairs (DVA}. You should contact the
nearest office of the DVA if you desire clarification about
your eligibility for those benefits.
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,
ROBERT D-2ZSALMAN a
Acting Executive Director
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