DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12268-08
4 November 2009
This is in reférence to your “application for correction of your
naval 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 8 January 1963, and served
“without disciplinary incident until 8 November 1963, when you
received nonjudicial punishment ({NJP) for two specifications of
failure to obey a lawful order and an unauthorized absence (UA).
Shortly thereafter, you received the following disciplinary
actions: on 23 November 1963, you received NJP for speeding in a
government vehicle; on 11 January 1964, you received NUP for UA,
and failure to obey a lawful order; on 28 March 1964, you
_ réceived NUP for driving a government vehicle in a reckless
manner; on 20 April 1964, you were convicted at a summary court-
martial (SCM) for UA; on 19 May 1964, you received NUP for UA; on
21 July 1964, you were convicted at a SCM for-failure to go to
your appointed place of duty; on 22 August 1964, you received NUP
for UA; and on 16 December 1964, you were convicted at a special
court-martial for UA. Therefore, you were recommended for
administrative separation with an undesirable discharge (UD) due
to being unfit for military service, and you exercised your right
to request an administrative discharge board (ADB). The ADB
voted to separate you due to being unfit for military service
with a UD. The separation authority approved the recommendation
and on 7 June 1965, you were separated for being unfit for
military service with a UD and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to the seriousness of.
your misconduct. 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, \
\ oes
W. DEAN PFE
Executive Di t
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