DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2? NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01157-10
4 November 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions ef 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 3 November 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 3 January 1963, at the age of
17. On 28 February 1964, you received nonjudicial punishment
(NOP) for being in an unauthorized absence (UA) status for two
days. On 25 June 1964, you were convicted at a special court-
martial (SPCM) of two instances of UA totaling seven days, and
failure to obey a lawful order. You were sentenced to a
forfeiture of $90, reduction in pay grade, and confinement at
hard labor for three months. On 24 July 1964, you received NJP
for failure to obey an order. On 28 December 1964, you were
convicted at your second SPCM of two instances of UA totaling 44
days, and breaking restriction. You were sentenced to six months
confinement at hard labor, and a bad conduct discharge (BCD).
The discharge authority directed the execution of your BCD. On
10 March 1965, after appellate review, you were 50 discharged.
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 one NJP and convictions by
two SPCM’s. 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,
\Wroask
W. DEAN PF
Executive oO
/
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