DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJUR
Docket No: 5378-10
30 March 2011
This igs 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 29 March 2011. The names and votes of the members
of the panel will be furnished upon request. 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 22 October 1953 at age 17.
You served without disciplinary incident until 20 July 1954,
when you were convicted by special court-martial (SPCM) of
larceny of five items valued at $10.75. You were sentenced to
confinement at hard labor for five month, a $120 forfeiture of
pay, and a bad conduct discharge (BCD).
On 23 February and again on 7 March 1955 you received nonjudicial
punishment (NUP) for disorderly conduct, fighting, and breaking
restriction. On 29 November 1955 you submitted a written request
for immediate execution of the BCD. Subsequently, the BCD was
approved at all levels of review, and on 14 December 1955, you
were issued a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertion that
the punishment was excessive for the offenses committed.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in two NJPs and a SPCM.
Finally, the Board noted your request for immediate execution of
the BCD. Accordingly, your application has been denied.
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,
LoQanSeaf
W. DEAN PF R
Executive Directo
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