DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05093-10
10 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 February 2011. 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 a period of active
duty on 9 March 1962. On 8 February 1963, you received
nonjudicial punishment (NJP) for assaulting a fellow Marine. On
25 February 1963, you received NUP for being absent from your
appointed place of duty, and from general quarters. On 1 May
1963, you received NJP for being in an unauthorized absence (UA)
Status for two days. On 6 July 1965, you received NJP for breach
of the peace, and assaulting another Marine. On 28 October 1965,
you were convicted by a summary court-martial (SCM) of being UA
11 days. You were sentenced to forfeitures of $50, reduction in
pay grade, and confinement at hard labor for 30 days. On
11 January 1966, you received NUP for being UA. On 15 February
1966, you received NUP for leaving your post without being
properly relieved. On 3 March 1966, you received NJP for breach
of the peace. On 18 July 1966, you received NUP for reckless
operation of a motor vehicle, and being disrespectful in language
toward a noncommissioned officer. You were informed that you
would receive a general discharge at the expiration of your term
of active obligated service since you were not recommended for
reenlistment. The discharge authority directed a general
discharge. You were so discharged on 17 August 1966.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of eight NJP’s and one conviction by SCM of
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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,
Executive chor
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