DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5181-01
22 January 2002
Dear
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 15 January 2002.
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.
Your allegations of error and
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.
Your record reflects that you served for
However, during the period from 8 to 10 October 1966
The Board found you enlisted in the Marine Corps on 1 October
1964 at the age of 17.
two years without disciplinary incident, including service in
Vietnam.
you were in an unauthorized absence (UA) status for two days.
During this period you were also apprehended by civil authorities
for stealing an automobile. On 21 October 1966 you were convicted
by civil authorities of interstate transportation of a stolen
vehicle.
for up to six years as a youthful offender.
On 14 December 1966, while in the custody of civil authorities,
you were notified of pending administrative separation action by
reason of misconduct due to civil conviction.
At that time you
waived your rights to consult with legal counsel and to present
your case to an administrative discharge board.
On 27 December
1966 your commanding officer recommended an undesirable discharge
by reason of misconduct due to civil conviction.
Subsequently,
on 19 January 1967, the discharge authority directed an other
On 6 November 1966 you were sentenced to confinement
than honorable discharge, and on 30 January 1967 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 post service conduct.
The Board
further considered your contention that because you served your
The
time in combat you deserve an upgrade of your discharge.
Board also considered your contention that you were not a
deserter because Marine Corps authorities were aware of your
incarceration by civil authorities.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your misconduct in the civilian community.
the circumstances of your case,
the Board concluded your
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Given all
However, the Board concluded
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
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