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NAVY | BCNR | CY2006 | 06289-06
Original file (06289-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TJR
Docket No: 6289-06
16 March 2007








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 13 March 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 22 September 1961 at age 18 and served for about nine months without disciplinary incident, but on 25 June 1962 you were convicted by civil authorities of transporting a stolen vehicle and sentenced to confinement for two years.
Subsequently, you were notified of pending administrative separation action by reason of misconduct due to the civil conviction. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. on 25 July 1962 your commanding officer recommended an undesirable discharge by reason of misconduct due to civil conviction, On 3 August 1962 the discharge authority approved this recommendation and directed an undesirable discharge, and on 10 August 1962 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, the passage of time, and your request for an upgrade of your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct which resulted in conviction by civil authorities. Finally, no discharge is upgraded due solely to the passage of time. 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




















2

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