DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8694-02
11 September 2003
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
application on 10 September 2003,
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 20 June
1969.
unauthorized absence (UA).
civil authorities.
were convicted in civil court of car theft.
While not in the
record, it appears that the court sentenced you to confinement
for at least 13 months.
Although your record does not contain the separation processing
documents, it also appears that the commanding officer
recommended that you be separated with an undesirable discharge
by reason of misconduct due to civil conviction and, after review
by the discharge authority,
the recommendation for separation was
approved.
received an undesirable discharge.
On 17 February 1978 the Naval Discharge Review Board (NDRB)
changed the characterization of the discharge to general under
the provisions of the Special Discharge Review Program. However,
on 24 July 1978 NDRB declined to confirm the general discharge
The record clearly shows that on 21 August 1970 you
On 28 December 1969, you departed on a period of
While UA you were apprehended by
The record reflects that on 1 April 1970 you
under its uniform discharge review standards, thus denying you
veterans' benefits.
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
not sufficient to warrant further recharacterization of your
discharge or confirmation of the general discharge given the
unauthorized absence, from which you never returned, and
especially the seriousness of your civil conviction.
the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
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.
Accordingly, your application has been
The names and votes of the members of the panel will be
Based on
Sincerely,
.
Executive Di
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