DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00214-11
17 October 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 i552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your ,
application on 13 October 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 21 January 1959, at age 17. 23 April 1959, you were
convicted by a summary court-martial (SCM) of failure to obey a
lawful order, and two incidents of disobeying a direct order.
You were sentenced to a forfeiture of $25, and confinement at
hard labor for 15 days. On 17 June 1959, you were convicted by a
SCM of wrongfully altering a sick bay slip. You were sentenced
to a forfeiture of $25, and confinement at hard labor for 30
days. On 31 August 1960, you were convicted by a SCM of being in
an unauthorized absence (UA) status for two days, and disobeying
3 lawful order. You were sentenced to a forfeiture of $25,
reduction in pay grade, confinement at hard labor for 45 days,
and 45 days restriction. On 3 January and 8 May 1961, you
received nonjudicial punishment (NJP) for being UA. On 2 August
1961, you were convicted by a SCM of two incidents of being UA,
disobeying a lawful order, having an unclean rifle, and
wrongfully appearing in an unclean uniform. You were sentenced
to a forfeiture of $40, and confinement at hard labor for 45
days. On 23 September 1961, you received NUP for having a rusty
rifle. On 9 October 1961, you received NIP for being absent from
your appointed place of duty. On 29 November 1961, you were
convicted by a fifth SCM of willfully causing damage to
government property, failure to go to your appointed place of
duty, and being UA. You were sentenced to confinement for 25
days. On 30 November 1961, you received NUP for failure to go to
your appointed place of duty. On 21 December 1961, you received
NIP for having illegal possession of a temporary base tag. On 13
December 1961, you received NUP for three incidents of failure to
go to your appointed place of duty. On 13 March 1962, you
received NUP for being UA. You were advised that your commanding
officer was recommending you for administrative separation with a
general discharge due to unsuitability. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 16 January 1962, your commanding
officer forwarded his recommendation that you receive a general
discharge by reason of unfitness. The discharge authority
directed a general discharge by reason of unfitness. On 21
February 1963, 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. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of eight NJP’s, and convictions by five SCM’s
of misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable (OTH) conditions is often directed when an individual
is found to have committed misconduct. The Board also noted that
you waived your procedural right to an ADB, your best opportunity
for retention or a better characterization of service.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It ig 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,
Lo Sdean
W. DEAN P R
Executive Director
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