DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Sree
TAL
Docket No: 2609-09
1 March 2010
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 18 February 2010. 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 and began a period of active
duty on 26 February 1960 at age 17. On 22 August 1960, you
received nonjudicial punishment (NJP) for dereliction of duty.
On 22 September 1960, you were convicted by summary court-martial
(SCM) of a 13 day period of unauthorized absence (UA) from your
unit. On 19 September 1961, you received NUP for assault. On 3
November 1961, you received NUP for UA from your appointed place.
of duty. On 11 January 1962, you were convicted by summary
court-martial (SCM) of an eight day period of UA from your unit.
On 20 July 1962, you were again convicted by SCM of wearing an
improper uniform and failure to obey a lawful order. On 10
October 1962, you received NJP for UA from your unit. On 25
January 1963, you received NUP for disrespect to a superior
noncommissioned officer. On 18 March 1963, you were convicted by
special court-martial (SPCM) of breaking restriction, three
instances of disobeying a lawful order, using disrespectful
language to a superior noncommissioned officer and a 21 day
period of UA from your unit. The sentence imposed was four
months confinement, forfeiture of pay and a bad conduct discharge
(BCD). Although the BCD was suspended for six months, on 12
December 1963, this suspension was vacated due to your continued
misconduct, which consisted of, NUP on 29 July 1963 for wearing
an unclean uniform. After appellate review, on 20 December 1963
you were discharged with a BCD.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in six NJP'’s, three SCM’s and one SPCM. 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,
“
W. DEAN PFE
Executive Dix
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