DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5580-14
4 May 2015
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 28 April 2015. 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 19 October 1956. During the period from 7 September 1957
to 4 May 1960, you received four nonjudicial punishments (NJP’s),
and were convicted by two summary courts-martial (SCM), and a
special court-martial (SPCM). Subsequently, you were notified of
pending administrative separation action by reason of misconduct
due to frequent involvement of a discreditable nature with
military authorities. After being afforded all of your
procedural rights, the separation authority directed that you be
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 5 July 1960.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, medical issues, and desire to upgrade
your discharge. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
your four NJP’s, and court-martial convictions. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
. O'NEILL
Executive Director
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