DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100:
BAN
Docket No: 12239-08
4 November 2009
This is in reference to your application for correction of your:
‘Raval record pursuant to the provisions of Title 10, 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 4 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 17 January 1951, and served
without disciplinary incident until 8 June 1951, when you were
convicted at a summary court-martial (SCM) for an unauthorized
absence (UA) in excess’ of 13 days.
Shortly thereafter, you received the following disciplinary
actions: on 7 March 1952, you were convicted at a SCM for.
disrespect toward a superior commissioned officer; on 19 March
1952, you were convicted at a SCM for UA; and on 9 December 1952,
you were convicted at a special court-martial (SPCM) for
willfully disobeying a. senior noncommissioned officer, UA,
disrespect toward a superior commissioned officer, and failure to
obey a lawful order, and received a bad conduct discharge (BCD).
After appellate review, on 16 April 1953, you were separated from
the naval service with a BCD and an RE-4 reenlistment code due to
your conviction at a SPCM.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Finally, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. 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 attachés 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, A
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