DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05275-11
29 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 29 February 2012. 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 entered active duty in the Marine Corps on 29 October 1956,
and served without disciplinary incident until 2 April 1957, when
you received nonjudicial punishment (NJP) for unauthorized
absence (UA). Shortly thereafter, you received the following
disciplinary actions: on 4 October 1957, you were convicted at a
special court-martial of larceny; on 5 May 1958, you received NJP
for UA; on 28 June 1958, you received NJP for drunk and
disorderly conduct; on 2 October 1958, you received NUP for
disrespect; on 14 Oct 1958, you were convicted at a summary
court-martial of dereliction of duty (sleeping on post); and on
14 April 1959, you received NJP for disobeying a lawful order.
You were recommended for separation with an other than honorable
(OTH) discharge due to a pattern of misconduct. You subsequently
waived your right to counsel and an administrative discharge
board (ADB). Therefore, on 19 June 1959, you were separated with
an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your pattern of misconduct. Additionally, the Board
found 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 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,
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