DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

CRS
Docket No: 4912-07
16 June 2008

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 request on 14 May 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Marine Corps on 8 December 1961 with prior service of less than one year in the Army and Navy. On 6 July 1962 you received nonjudicial punishment for theft. On 12 July 1965 you were diagnosed as having a sociopathic personality disorder. You were convicted by civil authorities on 13 August 1965 of indecent exposure while sitting on the stairs of a parked military bus. The court awarded a fine of $100 and probation for one year.

On 9 November 1965 your commanding officer recommended that you be separated from the Marine Corps with an undesirable discharge by reason of unfitness due to indecent exposure. After being informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. The recommendation for separation was approved by the discharge authority, and yOu were discharged on 29 November 1965 with an undesirable discharge.

The Board carefully weighed all potentially mitigating factors, such as your overall service, decorations and awards, and your
belief that your discharge would be automatically upgraded six months after you were discharged. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given the serious nature of your civilian and military offenses. In addition, there is no provision of law or regulation for the automatic upgrade of a discharge. 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,

							W. DEAN PFEIFFER
							Executive Director