DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 576-05
20 October 2005
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 12 October 2005. 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 the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Marine Corps on 19 February 1969 at age 18. Less than
a month later, on 5 March 1969, you received nonjudicial punishment (NJP)
for absence from your appointed place of duty and were awarded
correctional custody for seven days. On 14 April and again on 6 May 1969
you were convicted by special court-martial (SPCM) of disobedience,
larceny, and two periods of unauthorized absence (UA) totalling four days.
During the period from 27 September to 15 December 1969 you were in a UA
status on two more occasions.
On 10 April 1970, while in a UA status, you were apprehended by civil
authorities and charged with forgery and two counts of petty theft. On 7
July 1970 you were convicted by civil authorities of two counts of credit
card forgery and sentenced to confinement for six months.
On 11 August 1970, while in the custody of civil authorities, you were
notified of administrative separation action by reason of misconduct due
to civil conviction. You waived your right to consult with legal counsel
and to present your case to an
administrative discharge board. On 17 September 1970 your commanding
officer recommended an undesirable discharge by reason of misconduct due to
civil conviction. The discharge authority approved this recommendation and
directed an undesirable discharge by reason of misconduct and on 29
September 1970 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, post
service conduct, and assertion that you should be included with others that
have been pardoned for misconduct. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your discharge
because of your serious misconduct in both the military and civilian
communities. Accordingly, your application has been denied.
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,
2
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