DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
STN
Docket No: 04902-09
19 April 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 13 April 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 29 April 1960 at age 17. During the period from
15 September 1961 to 5 August 1963, you were convicted of a civil
misdemeanor charge, a summary court-martial (SCM) for 44 days of
unauthorized absence (UA) and two special courts-martial (SPCM)
of 59 days of UA and missing movement. On 11 March 1964, you
were convicted by civil authorities of violating probation and
driving without permission of the owner. You were sentenced to
one year in jail. On 5 May 1964, your commanding officer
recommended that you receive an undesirable discharge by reason
of unfitness. At that time you were in hands of civil
authorities. You were notified of pending administrative
separation action and on 15 June 1964, the separation authority
directed that you receive an undesirable discharge. You were so
discharged on 24 June 1964.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post-service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in a SCM, two SPCM'’s, convictions by civil
authorities and ensuing incarceration. 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,
Vo Spon
W. DEAN PF!
Executive
WW
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