DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 838-11
19 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 18 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 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 22
August 1958. You received nonjudicial punishment on four
occasions, were convicted by civil authorities on four
occasions, and were convicted by three summary courts-martial.
Your offenses included failure to obey a lawful order, drunk
and disorderly conduct, unauthorized absence (three
specifications totaling nine days), disobeying a lawful order
(two specifications), disorderly conduct (two specifications,
provoking a fight, reckless driving, interfering with the
duties of a police officer, speeding with a government vehicle,
failure to go to your appointed place of duty, assault, and
disrespect. On 1 December 1962, you completed your active
obligated service and were transferred to the reserve component
under general conditions based on your service record in pay
grade E-1.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
immaturity, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed because of your numerous acts of misconduct. The Board
noted that you were fortunate to receive a general discharge,
Since an individual who has committed misconduct such as yours
normally receives an other than honorable characterization of
service. You are advised that no discharge is automatically
upgraded due merely 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,
W. DEAN PFE FSE
Executive Dire
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