DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 5247-01
31 January 2002
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.
ATthree-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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.
The Board found you enlisted in the Marine Corps Reserve on 10
December 1972 at the age of 18.
active duty on that same day.
released from active duty at the expiration of your active
obligated service.
You began a period of extended
On 26 June 1973 you were honorably
Your record reflects that on 26 July 1973, while in a drilling
status, you were arrested by civil authorities and charged with
theft of property valued at $140.23.
On 27 July 1973 you were
charged by civil authorities of breaking and entering.
During
the period from 4 to 19 August 1973 you were in an unauthorized
absence
training.
The record also reflects that on 25 September 1973 you
appeared in civil court and plead not guilty to the two foregoing
However, on 14 December 1973, you changed your
civil charges.
plea to guilty on the charges of grand larceny and breaking and
entering.
three years on these charges.
On 2 January 1974 you were sentenced to probation for
WA) status for a period of 15 days from active duty
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction.
After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
3 April 1974 an ADB recommended you be separated with an
undesirable discharge by reason of misconduct due to civil
conviction.
On 27 January 1974 your commanding officer also
recommended an undesirable discharge by reason of misconduct.
Your record further reflects that on 27 July 1974 the clerk of
the civil court reported that you had been arrested for sniffing
glue and five specifications of probation violation, and had been
directed to serve a sentence to confinement for 1 to 3 years. On
25 March 1975, while you were in the custody of civil
authorities, the discharge authority directed an undesirable
discharge, and on 7 April 1975 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 contention that civil
authorities revoked the conditions of your release because you
were to serve in the Marine Corps Reserve.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your misconduct in the civilian community.
Board noted that you submitted no evidence in support of your
contention, and the record contains no such evidence.
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.
However, the Board
The
Given all
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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