DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4682-09
19 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 10 March 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 9 July 1953 at age 17. On 15 March 1954, you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit for a period of three days. On 19 February
1966, you were convicted by SCM of a two day period of UA from
your unit and failure to obey a lawful order. On 30 June 1954,
you received nonjudicial punishment (NJP) for insubordinate
conduct toward a noncommissioned officer. On 21 August 1954, you
were convicted by SCM of a three day period of UA from your unit.
On 9 April 1955, you received NIP for UA from you appointed place
of duty. On 29 June 1955, you were convicted by special court -
martial (SPCM) of 35 day period of UA from your unit. The
sentence imposed was confinement for three months, forfeiture of
pay and a bad conduct discharge. While awaiting discharge you
were again UA from your upit. On 18 January 1956, you were
convicted by general court-martial (GCM) of UA from your unit for
a period of 14 days and desertion for a period of 48 days. The
sentence imposed was confinement for one year, forfeiture of all
pay and allowances and a dishonorable discharge (DD). You
received the DD after appellate review was complete.
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 two NJPs, three SCMs, one SPCM and one GCM.
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 PF
Executive D
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