DEPARTMENT OF THE NAVY
		          BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OQ

SJN
Docket No: 04627-06
13 November 2006

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 8 November 2006. 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 8 August 1961 at age 17. During the period from 9 January 1962 to 25 February 1963 you received four nonjudicial punishments (NJP’s) for two periods of unauthorized absence (UA) totaling about six days, absence from your appointed place of duty, and failure to go to your appointed place of duty.

On 29 March 1963 you began a period of UA that lasted until you surrendered to civilian authorities, about 19 days later, on 17 April 1963. You were subsequently charged with grand theft auto and on 28 May 1963 you were convicted of taking a vehicle without the owner’s consent. On 3 June 1963, you were committed to the state’s youth authority for the period prescribed by law.

On 11 September 1963 your commanding officer (CO) recommended that you receive an undesirable discharge by reason of misconduct due to the civil conviction. On 25 September 1963 your case was forwarded to an administrative discharge board (ADB), recommending an undesirable discharge due to misconduct. On 17 October 1963 the discharge authority directed an undesirable discharge, and you were so discharged on 11 October 1963.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, time in service, post service problems and achievements, and your contention the alcohol abuse caused or contributed to your misconduct. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge given the four NJP’s, and especially the conviction by civil authorities of a serious offense and the ensuing incarceration. Concerning your contention, there is no evidence in the record, and you submitted none to substantiate your claim. Further, even if you.were abusing alcohol, such abuse does not excuse misconduct. 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,

W. DEAN PFEIFFER
Executive Director

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