DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

 
Docket No: 10164-17 
Ref: Signature date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 2019.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 21 November 1960.  You served for five months without disciplinary incident, but during the period from 19 April 1961 to 17 November 1962, you received nonjudicial punishment (NJP) on one occasion and were convicted by summary courts-martial on two occasions.  Your offenses were unauthorized absence (UA) from your unit for periods totaling four days, and wrongful appropriation of a cannon reflex camera.  On 23 April 1964, you were convicted by general court-martial (GCM) of UA from your unit for a period of 28 days, wrongfully lifting a M-14 rifle at two superior officers, who were in the execution of their office, and assault toward three superior officers by pointing at each of them with a dangerous weapon.  The sentence imposed was confinement, a forfeiture of pay, reduction in paygrade and a bad conduct discharge (BCD).  On 30 November 1964, you received the BCD after appellate review was complete. 

The Board carefully weighed all potentially mitigating factors, such as your post service conduct and your contentions that you were young and immature as well as you were being taunted and called inappropriate names including the “N” word by superior officers.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in an NJP, two SCMs, and a GCM.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  In regard to your contentions the Board considered your youth and immaturity as factors in your behavior, but concluded that the severity of your misconduct outweighed your current mitigating factors, conduct, and contentions.  The Board was sympathetic concerning your assertion of racial prejudice, but that does not excuse you of responsibility for your actions.  Further, the Board noted that an offense such as the theft is clearly not the results of discrimination.  The Board in its review discerned no material error or injustice in the discharge or characterization of service.
 
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 matters.  New matters are those not previously presented to or 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,