DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02688-13
2 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of pitts 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 1 April 2014. The names and votes of the members
of the panel will be furnished upon request. 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 22 September 1958. The Board found that during the
period from 25 January 1959 to 4 March 1961, you received four
nonjuGicial punishments (NJP’s) for disrespect, failing to go to
your appointed place of duty, disobedience, and reckless driving.
You were also convicted by summary court-martial (SCM) of
disobedience, On 5 July 1962, you were convicted by general
court-martial (GCM) of robbery and larceny from another Marine.
You were sentenced to a reduction in paygrade, five years of
confinement at hard labor, forfeiture of all pay and allowances
and a dishonorable discharge (DD). However, on 11 August 1962,
the convening authority approved your sentence, but reduced your
confinement at hard labor to two years. The record shows that,
although you submitted a request for restoration to full duty, it
was denied on 12 August 1963, and you received a DD on 23 August
1963 after appellate review was completed.
The Board, in its review of. your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, post service accomplishments, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NUP'’s, SCM,
and GCM conviction of very serious offenses. Accordingly, your
application has been denied.
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,
© ye IE
ROBERT D. ZSALMAN
Acting Executive Director
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