DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNEX .
WASHINGTON DC 20370-510
0
TJR
Docket No: 2254-01
9 October 2001
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 2 October 2001.
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, and applicable statutes, regulations, and policies.
Board was unable to obtain your service record and conducted its
review based on the decisional document prepared by the Naval
Discharge Review Board.
Your allegations of error and
The
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.
The Board found you enlisted in the Marine Corps on 26 July 1963
at the age of 19.
Your record reflects that you served for a
year without disciplinary infraction but on 12 August 1964 you
(SPCM) of stealing a
were convicted by special court-martial
radio and were sentenced to confinement at hard labor for three
months and a $165 forfeiture of pay.
Your record further reflects that on 14 May 1965 you were
convicted by civil authorities of malicious conversion and
sentenced to probation for five years.
(NJP) for a day of
1965, you received nonjudicial punishment
unauthorized absence (UA) and were awarded restriction for 14
days.
A month later, on 14 June
Subsequently, you were processed for an administrative separation
by reason of misconduct due to civil conviction.
The discharge
authority directed an other than honorable discharge by reason of
misconduct due to conviction by civil authorities of malicious
conversion, and on 16 August 1965 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your good post service conduct.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your misconduct in both the military and
civilian communities.
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
Given all the circumstances of your case,
Accordingly, your application has been
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
2
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