DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O~51OO

TJR
Docket No: 4308-06
15 February 2007

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 13 February 2007. 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 on 4 December 1953 at age 18. You served without disciplinary infraction until 19 January 1955, when you received nonjudicial punishment (NJP) for two specifications of being out of bounds and were awarded a reduction to paygrade E-1. About six months later, on 23 June 1955, you were convicted by summary court-martial (SCM) of a five day period of unauthorized absence (UA) and sentenced to confinement at hard labor for 20 days and a $50 forfeiture of pay. Shortly thereafter, on 21 October 1955, you were convicted by special court-martial (SCPM) of two periods of UA totalling 29 days, failure to obey a lawful order, and breaking restriction. You were sentenced to a $393 forfeiture of pay, confinement at hard labor for six months, and a bad conduct discharge (BCD).

Subsequently, the BCD was suspended for 12 months and on 22 March 1956 you were restored to duty and placed on probation for six months. Nevertheless, on 3 July 1956, you were convicted by SPCM of making a false official statement and sentenced to confinement at hard labor for three months and a $195 forfeiture of pay. As a result of this misconduct, on 6 July 1956, the discharge authority directed execution of the BCD and on 21 August 1956 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your misconduct was the result of alcohol and drug abuse and that you were never formally counseled or offered rehabilitation. It also considered your assertion that your character and work ethic have been exemplary since your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct. Further, the Board noted that you were given an opportunity to earn a better characterization of service when the BCD was suspended, but failed to do so and committed further offenses. Finally, the Board considered your assertion of good post service conduct. However, a Federal Bureau of Investigation (FBI) report states that since discharge, you have been convicted by civil authorities on at least six occasions. 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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