DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 1596-09
16 November 2009
This is in reference 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 12 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 corisidered 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 19 December 1961, and served
without disciplinary incident until 29 May 1963, when you
received nonjudicial punishment (NUP) for an unauthorized absence
(UA) in excess of six days.
Shortly thereafter, you received the following disciplinary
actions: on 2 November 1963, you were convicted at a summary
court-martial (SCM) for UA; on 27 November 1963, you received NUP
for misbehavior toward. a military sentry; on 7 December 1963, you
were convicted at a SCM for UA and failure to obey a lawful
order; on 1 February 1964, you received NUP for the loss of
government property through neglect; on 14 March 1964, you were
convicted at a SCM for breaking restriction; on 21 April 1964,
you received NJP for failure to obey a lawful order; on 13
October 1964, you received NUP for UA and failure to obey a
lawful order; on 24 November 1964, you were convicted at a SCM
for UA and breaking restriction; on 31 December 1964, you
received NJP for two specifications of failure to obey a lawful
order; on 26 January 1965, for reckless driving; and on 17
' February 1965, you received NUP for reckless driving and driving
a vehicle without proper authority.
Therefore, you were recommended for administrative separation
with an undesirable discharge (UD) due to being unfit for
military service. You’ waived all of your procedural rights, to
include your right to an administrative discharge board (ADB).
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. The Board found you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. 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,
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