DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11655-09
6 August 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 4 August 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 on 20 September 1956, at age 7
On 29 September 1958, you received nonjudicial punishment (NJP)
for being in an unauthorized absence (UA) status. On 22 December
1958, you received NUP for being disrespectful. On 11 February
1959, you were convicted by a summary court-martial (SCM) of two
instances of being UA. You were sentenced to reduction in pay
grade and 14 days confinement at hard labor. You were counseled
and warned that further misconduct could result in administrative
separation. However, your misconduct continued and on 10 July
1959, you were convicted by a general court-martial (GCM) of
stealing 61 bed sheets which were the property of the United
States Government, four incidents of being UA, and two incidents
of escaping custody. You were sentenced to forfeitures of all
pay and allowances, confinement at hard labor for one year and a
bad conduct discharge (BCD). Prior to being discharged, on
24 June 1960, you were convicted by a special court-martial
(SPCM), of being UA for 36 days. You were sentenced to
forfeitures of $350, and five months confinement at hard labor.
On 16 September 1960, after appellate review, you were separated
with a BCD.
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 your record of two NUJP’s and convictions
by one SCM, one GCM, and one SPCM. 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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