DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 07505-06
26 January 2007

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 23 January 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 6 January 1954 at age 17. During the period from 14 May 1954 to 19 April 1957 your received four nonjudicial punishments (NJP’s) for three periods of unauthorized absence (UA) totaling about nine days and exceeding the speed limit in a government Vehicle. You also were convicted by summary court-martial (SCM) of a three-day period of UA. On 3 July and 27 November 1957 you were convicted by special courts-martial (SPCM) of disobedience, possession of alcohol, and a 13-day period of UA. On 9 June 1958 you received a fifth NJP for disobedience.

Based on this disciplinary record you were processed far an administrative discharge by reason of unfitness. On 24 June 1958 an administrative discharge board (ADB) recommended that you receive an undesirable discharge by reason of unfitness. You were so discharged on 21 July 1958. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, time in service and the character letters accompanying your application. However, the board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of five NJP’s and convictions by SCM and SPCM’s for offenses that included 25 days of UA and other infractions. 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,

ROBERT D ZSALMAN
Acting Executive Director

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