DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TAL
Docket No: 612-11
21 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 19 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 7 June 1960 at age 17. On 14 June 1962, you received
nonjudicial punishment (NUP) for failure to obey a lawful
regulation (not checking in from liberty). On 18 July 1962, you
received NIP for failure to go to your appointed place of duty
and failure to obey a lawful order to get a haircut. On 31 July
1962, you received NIP for unauthorized absence from your unit.
On 31 January 1964, you were convicted by civil authorities, and
held in Dougherty County Jail, Albany, Georgia, after being found
guilty of two counts of assault with intent to murder. You were
sentenced to ten years confinement. on one charge and five year
confinement on the second charge. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (civilian conviction). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 26 February 1964, you
received the OTH discharge for misconduct due to your civilian
conviction,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. 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 three NJPs and a civil conviction. Members of the
armed services who are convicted by civil authorities and
incarcerated may be discharged. Finally, there is no provision
of law or in Navy regulations that allows for recharacterization
of service due solely to the passage of time. 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,
W. DEAN PF
Executive ter
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