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NAVY | BCNR | CY2006 | 01680-06
Original file (01680-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TRG
 Docket No:1680-06
 26 June 2006



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 26 June 2007. 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.
You enlisted in the Marine Corps on 31 October 1960 at age 17. During the period from 26 June 1962 to 16 September 1963, you received nonjudicial punishment on four occasions. Your offenses were theft of identifications cards, disobedience, and two instances of disorderly conduct. Additionally, you were convicted by civil authorities of possession of a false driver’s license.
On 7 February 1964 you ple~d guilty in civil court to a charge of robbery in the second degree. The court sentenced you to a year of confinement in the county jail. Based on this conviction, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the separation authority directed an undesirable discharge and you were so discharged on 1 April 1964.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education and your contention that you have been a good citizen
 for many years. The Board found that these factors and contentions were not sufficient to warrant recharacterizatjon of your discharge given your overall record, especially the conviction by civil authorities of a serious offense, which resulted in a period of confinement in the county jail. The Board concluded that the discharge was proper as issued and no change is warranted.
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,


W.       DEAN PFEIFFER
Executive Di rector

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