DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DG 20370-5100 | Docket No: 666i- 09
19 June 2009
This is in reference to
naval record pursuant to the provi
States Code section 1552.
soe
BR three-member pan
Records, sitting i
el of the Board for Correction of Naval
n executive session, considered your
Your allegations of error and
applidation on 17 June 2009.
ordance with administrative
injustice were reviewed in acc
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
ideration of the entire
idence submitted was
obable material
arine Corps on 8 July 1954 at age 20 with
On 8 Jume 1955 you were
prior service in the Amy National Guard.
convicted by a special court-martial after a guilty plea of
of uniform items of another Marine valued
wrongful appropriation
at. about $80. The court sente to forfeitures of pay,
confinement at hard labor for and a bad conduct
suspended for
discharge. However,
June 1955 the Board
a probationary peri
of Review affirmed the findings of guilt an
court-martial.
need you
in connection with the court-martial conviction, on 92 June 1955,
you were assigned 1.0 mark in conduct. On 31 July 1955 while in
confinement you were assigned a mark of zero in conduct. Upon
completion of confinement, you were returned to duty and served
igsued a general
ina satisfactory manner until you were
discharge under honorable conditions on 10 March, 1958 at the
expiration of your enlistment as extended for your period of lost
time.
characterization of
the regulations
As indicated you
fied for an honorable
ion of an enlistment ,
k of 4.9 in conduct .
In order to be qual3
service at the expirat
required an average mar
were assigned low marks in conduct following your court-martial
conviction and during your period in confinement. Accordingly,
your average mark in conduct at the time of discharge was
properly computed as being 3.7.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your period of good
service and contentions, in effect, that you have been a good
citizen for many years and that the court-martial was set aside
and that therefore you should not have been assigned the low
marks in conduct. The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
your general discharge given the nature of your offense to which
you pled guilty. As indicated, there is no evidence in the
record that the court-martial was set aside. The only action
taken was that the execution of the bad conduct discharge was
suspended on probation for six months. The Board concluded that
the assignment of adverse marks in conduct was supported by the
record and, therefore, the discharge was proper as issued and no
change is warranted.
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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