DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05228-10
3 March 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 2 March 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 2 March 1954. On 2 May 1955, you were convicted by
civilian court in Thomasville, North Carolina, of assault. You
were sentenced to two years probation and a fine. On 16 May
1955, you received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status. On 15 June 1955, you received
NIP for failure to obey a lawful order. On 6 July 1955, you
received NIP for violation of a general order. You were informed
that you would receive a general discharge at the expiration of
your term of active obligated service and were not eligible for
reenlistment. The discharge authority directed a general
discharge. You were so discharged on 2 March 1956.
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 one civil conviction, and three NUP’s for
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,
\Sio.s
W. DEAN PFE
Executive Di or
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