DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 1584-16 

Dear

This is in reference to your application for correJ ion ofyour naval record pursuant to the provisions ofTitle 10 of the United States Code, Section 1552. 

Although your application was not filed in a timely maimer, the Board found it in the interest of justice to waive the statute of limitations and consider your application on it merits. A three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 25 October 2016. The names and votes of the members of the 
panel will be furnished upon request. Your allegations of en-or 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 begin a period ofactive duty on 6 August 1956. On 16 October 1956, you were convicted by Summary court-maiiial (SCM) for sleeping on watch. During the period from 8 January 1958 to 19 June 1959, you received three nonjudicial punishments (NJP) for the following offenses: unauthorized absence (UA), reckless operation of a govenunent vehicle, and being absent from your appointed place of duty. On 28 October 1959, your commanding officer recommended that you be administratively separated due to unfitness. On 20 November 1959, the Undesirable Discharge Board (UDB) recommended you be retained in the Marine Corps. The discharge authority approved this recommendation and directed you be retained in the Marine Corps. During the period from 8 January to 14 March 1960, you received three nonjudicial punishments (NJP) for the following offenses: being absent from your appointed place ofduty, disobeying a lawful order, and damage to military property. On 17 August 1960, you received a general under honorable conditions discharged at your expiration of enlistment. 

The Board in its review of your entire record and application, carefully weighed all poten!ially 
mitigating factors, such as your desire to upgrade your discharge and your assertion that you 
believe an upgrade is warranted. However, the Board concluded that these factors were not 
sufficient to warrant upgrading your discharge given your misconduct. In this regard, the Board concluded that the severity of your misconduct, which resulted in six NJPs and an SCM, outweighed your desire to upgrade your discharge. The Board also was not persuaded by the assertion that you believe an upgrade is warranted. The Board believed that you were fo11unate to receive a general discharge since a discharge under other than honorable conditions is often directed when a Marine is separated with misconduct. Finally, the Board noted Character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. The record clearly shows your conduct average was 3.9. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service. Accordingly, your application has been denied. 

It is regretted that the circumstances or your case are such that favorable action cannot be takep. 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 ofapplying for correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofthe probable material en-or or injustice. 

Sincerely, 

Executive Director