DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 541-16 
JAN 03 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 September 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 

accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Marine Corps and began a period ofactive duty on 5 July 1961. During the 
period from 7 October 1963 to 24 July 1964, you received nonjudicial punishment (NJP) on four 
occasions for two periods of unauthorized absence (UA), three specifications ofbeing 
disrespectful in language, and disobedience ofa lawful order. On 31 August 1964, you were 
convicted by summary court-martial (SCM) ofdisobedience ofa lawful order and loitering on 
duty. On 21 December 1964, you were convicted in civilian court oftheft. In view ofthe 
foregoing, administrative separation action was initiated. You were advised ofyour rights, and 
elected to waive your procedural rights. Your commanding officer recommended an 
Undesirable discharge by reason ofmisconduct and forwarded your case. The discharge 
authority directed an Undesirable discharge, and on 24 March 1965, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
upgrade your discharge. The Board also considered potentially mitigating factors such as your 
youth and immaturity, your post-service commitment to good conduct, and your contention that 
the discharge is inequitable because it was based on one isolated incident in 44 months ofservice 
with no other adverse action. The Board concluded these factors were not sufficient to warrant 
recharacterization ofyour discharge, given the seriousness of your misconduct as evidenced by 
four NJPs, a SCM, and a civilian conviction. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date ofthe 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 ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director