DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6191-10
14 April 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 12 April 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 8 March 1967 at age 18. You
served without disciplinary incident until 21 August 1967, when
you were convicted by special court-martial (SPCM) of a 51 day
period of unauthorized absence (UA). On 26 October 1967 you
received nonjudicial punishment (NUP) for failure to go to your
appointed place of duty.
On 30 January and again on 16 May 1968 you were convicted by SPCM
of three periods of UA totalling 101 days. During the period
from 7 June to 18 September 1968, woile in confinement, you were
also committed other offenses; specifically, failure to appear,
two specifications of appearing late, 12 specifications of
disobedience, four specifications of assuming authority, £ive
specifications of arguing, three specifications of using
profanity, being misleading, three specification of being
discourteous, and being noisy. Subsequently, you submitted a
written request for reduction in your confinement and immediate
execution of your discharge.
On 23 October 1968 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB). On 29 October 1968 your commanding officer recommended
discharge under other than honorable conditions by reason of
unfitness due to frequent involvement of a discreditable nature
with military authorities. On 12 November 1968 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of unfitness, and
on 31 January 1969 you were sO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in a NUP and
three SPCMs, and continued even while you were in confinement .
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
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,
W. DEAN
Executive or
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