DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 100!
ARLINGTON, VA 22204-2490
TJIR
Docket No: 6922-13
31 July 2014
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 July 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 7 August 1959. You served without disciplinary incident
until 23 May 1960, when you received nonjudicial punishment (NJP}
for failure to obey a lawful order. About seven months later, on
12 December 1960, you again received NJP for failure to obey a
lawful order. Two months later, on 17 February 1961, you were
convicted by special court-martial (SPCM) of assault. On 28
December 1961, while in an unauthorized absence (UA) status, you
were apprehended, held in confinement by civil authorities, and
charged with theft of monies and property.
On 5 January 1962 you were convicted by civil authorities of
three counts of destruction of public property and two counts of
petit larceny. You were sentenced to confinement for 50 days,
which was suspended for two years, and probation for two years.
Shortly thereafter, on 14 March 1962, you were notified of
pending administrative separation processing by reason of
misconduct due to civil conviction. After consulting with legal
counsel you elected to present your case to an administrative
discharge board (ADB). While awaiting the convening of the ADB,
on 28 June 1962, you were convicted by special court-martial of
114 day period of UA. On 8 October 1962, an ADB recommended
discharge under other than honorable conditions by reason of
misconduct due to civil conviction. Your commanding officer, in
concurrence with the ADB, also recommended discharge under other
than honorable conditions by reason of misconduct. On 10 October
1962, the discharge authority approved these recommendations and
directed an other than honorable discharge. by reason of
misconduct, and on,17 October 1962, you were so discharged.
‘The Board, in its review of your entire record and application,
_carefully weighed all potentially mitigating factors, such as -
“your post service’ conduct, desire to recharacterize your
discharge, and assertion of being the victim of bias.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct in both the
military and civilian communities. Finally, there is no evidence
in the record, and you submitted none, to support your assertion,
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,
TG YA
ROBERT D. ALMAN
Acting Executive Director
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