DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BJG
Docket No: 10399-09
30 June 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 29 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 7 October 1958. You received
nonjudicial punishment for unauthorized absence. You were
convicted at a special court-martial, where you were
represented by a qualified military lawyer, in accordance with
your guilty plea, to unlawfully entering the wall locker of
another Marine and stealing $45.00. Your sentence included a
bad conduct discharge (BCD). On 18 February 1960, after
appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
ali potentially mitigating factors, such as your youth and
desire to upgrade your discharge. However, the Board concluded
that your BCD should not be changed due to your serious acts of
misconduct. In view of the above, 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,
t
\oQuak
W. DEAN PF
Executive Dwyettor
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