DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
TAL
Docket No: 553-11
12 October 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 5 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 28 September 1951 at age 19. On 14 March 1952, you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit for a period of seven days. On 15 July 1952,
you were convicted by special court-martial (SPCM) of UA from
your unit for a period of 72 days. On 5 January 1953, you were
UA from your unit until you surrendered to military authorities
in 8t. Louis, Missouri, on 2 February 1953, a period of 28 days.
On 6 February 1953, you were UA from your unit until you
surrendered on 4 March 1953, a period of 26 days. On 16 March
1953, you were again UA from your unit. On 1 May 1953 your
command was notified by the Federal Bureau of Investigation (FBI}
that you were in the hands of civil authorities in Lake Charles,
Louisiana, and charged with interstate transportation of a stolen
motor vehicle. On 5 May 1953, you were sentenced to 18 months
confinement. You were notified of pending administrative
discharge processing with an undesirable discharge due to
misconduct (conviction by civil authorities). On 25 July 1953,
you received the undesirable discharge for misconduct. On
29 December 1966, you received a Presidential Pardon.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and Presidential Pardon. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in a SCM, a SPCM, periods of UA
totaling over eight months and a civil conviction. 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,
Vad :
W. DEAN PF
Executive Digedtor
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