DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 6743-02
13 December 2002
’
Your allegations of error and
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 29 May
The record reflects that on 30 October 1979 you were
1979.
convicted by civil authorities of stealing a car, receiving
stolen property, and conspiracy.
The court sentenced you to
probation for two years.
On 19 December 1979 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to civil conviction.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and on 30 January 1980 you received an other than
honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
When informed of the
After review by the
Accordingly, your
The names and votes of the members
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction.
application has been denied.
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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