DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON BDC 20 -
870-5100 To aket No: 10669-10
8 August 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 3 August 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 December 1958. On 22 September 1953, you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status for seven days. On 16 December 1959, you were
convicted by a summary court-martial (SCM) of being incapacitated
for performance of your duties. You were sentenced to
forfeitures of $40, and confinement at hard labor for 15 days.
On 25 October 1960, you received NUP for being UA one day. On
3 March 1961, you were convicted by a SCM of being UA one day.
You were sentenced to forfeitures of $65, and confinement at hard
labor for 30 days. On 10 March 1961, you received NUP for being
UA for 15 and one half hours. On 1? April 1961, you were
convicted by a SCM of being UA for one day. You were sentenced
to forfeitures of $65, and confinement at hard labor for 30 days.
On 11 July 1961, you were convicted by a SCM of being UA COE
eight days. You were sentenced to forfeitures of $70, and
confinement at hard labor for 30 days. On 7 September 1961, you
were convicted by a special court-martial (SPCM) of being UA for
13 days. You were sentenced to forfeitures of $420, confinement
at hard Labor for six months, and a bad conduct @ischarge (BCD).
Apparently your BCD may have been suspended. Your misconduct
continued and on 3 July 1962, you received NUP for failure to go
to your appointed place of duty and to obey a lawful general
regulation. On 25 September 1962, you were convicted by a fifth
SCM of wrongfully and falsely altering an official military
document to adjust your date of birth. You were sentenced to
forfeiture of $70, and confinement at hard labor for 30 days.
You were informed that you would receive a general discharge for
the convenience of the government. The discharge authority
directed a general discharge. You were so discharged on 11 April
1963.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, and record of service. However, the Board found that
these factors were not sufficient to warrant any change in your
character of service, given your record of four NUP’s,
convictions by five SCM‘s, and one SPCM. 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,
LS Nour
W. DEAN PFE
Executive Divewsror
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