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

TJR
										Docket No: 11044-06 
										25 October 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 24 October 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 18 Nay 1960 at age 18. About six months later, on 23 November 1960, you were convicted by summary court-martial (SCM) of two periods of unauthorized absence (UA)totalling 11 days and breaking orders. You were sentenced to confinement at hard labor for 25 days and a $50 forfeiture of pay.

On 6 March and again on 18 May 1961 you received nonjudicjal punishment (NJP) for failure to obey a lawful order and absence from your appointed place of duty. On 11 July 1961 you were convicted by SCM of a 12 day period of UA and sentenced to confinement at hard labor for 25 days and a $40 forfeiture of pay.

During the period from 22 January to 9 August 1962 you received NJP on three more occasions for two periods of failure to go to your appointed place of duty, disrespect, and breach of the peace. On 18 December 1962 you were convicted by special court-martial (SPCM) of failure to go to your appointed place of duty, failure to obey a lawful order, and breach of the peace. You were sentenced to confinement at hard labor for six months, a $70 forfeiture of pay, and a bad conduct discharge (BCD). A portion of the forfeitures, two months of confinement, and the BCD were suspended for six months. However, about four months later,

on 23 April 1963, you received NJP for a four day period of UA and were awarded correctional custody for 30 days. A year later, on 15 April 1964, you received your eighth NJP for a one day period of UA and were awarded restriction and extra duty for seven days.

On 16 October 1964 you were released from active duty under honorable conditions and transferred to the Marine Corp Reserve. On 16 October 1966, upon completion of your military obligation, you were issued a general discharge.

Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 3.8. An average of 4.0 in conduct was required at the time of your discharge for a fully honorable characterization of service.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and the passage of time. It also considered your assertion of emotional distress and radical thinking. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your serious and repetitive misconduct, which resulted in eight NJPs, three court-martial convictions, a suspended BCD, and since your conduct average was insufficiently high to warrant an honorable discharge. Accordingly, you were fortunate to receive a general discharge and 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 PFEFFIER
Executive Director