DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12368-10
16 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 16 August 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicabie 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 14
August 1953. You received nonjudicial punishment, a special
court-martial, and a general court-martial (GCM). Your
offenses included being derelict in the performance of your
duties, unauthorized absence (four specifications totaling 62
days), missing the movement of your ship, and wrongful
appropriation of an automobile. Your sentence at the GCM
included a bad conduct discharge (BCD). On 6 April 1956, after
appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire for veterans’ benefits. However, the Board
concluded that your BCD should not be changed due to your
serious misconduct. You are advised that no discharge is
upgraded due solely to the passage of time or post service good
conduct. In view of the above, 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,
Syn fas
W. DEAN RR
Executive Director
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