DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: ¢68885-09
160 June 2010
for correction of your
f 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 9 June 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 4 period of active
duty on 13 February 1963, at age 19. During the period from
5 April to 28 June 1963, you received two nonjudicial punishments
(NJP's) for being in a unauthorized absence (UA) status. On
28 June 1963, you were convicted of housebreaking and larceny by
the Beaufort South Carolina County Court. You were sentenced to
two years confinement, which was suspended and you were placed on
probation for five years.
On 1 July 1963, administrative discharge action was initiated by
reason of misconduct. Your case was heard by an administrative
discharge board (ADB) which recommended that you be discharged.
Your commanding officer agreed with the ADB and forwarded his
- yecommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 23 July 1963, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 13 August 1963, you were SO discharged.
At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the reason or characterization of your discharge, given
your record of two NUP’s, and civil conviction for misconduct in
a six month period. 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,
Wp
W.
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