DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 3761-07
° 15 February 2008
WHS 1S in FeéTersence 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 February 2008. 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 11 January 1968 at age 19 and
served without disciplinary incident until 19 November 1969, when
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty.
On 1 February 1970 you began a period of unauthorized absence
(UA) that was not terminated until 26 April 1970. During this
period you were declared a deserter. However, no disciplinary
action is reflected in the record for this misconduct. About a
month later, on 30 May 1970 you began yet another period of UA
that was not terminated until you were apprehended by civil
authorities on 6 October 1970 and held in confinement on charges
of housebreaking and larceny. As a result, on 4 March 1971, you
were convicted by civil authorities of grand larceny. You were
sentenced to confinement for 10 years. However, your sentence
was reduced to confinement for 1-to-7 years and to pay
restitution and court costs. The confinement was suspended and
you were placed on probation for five years. On 17 March 1971
you were returned to military custody, thus ending a 291 day
period of UA.
On 23 March 1971 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
10 May 1971 an ADB recommended an undesirable discharge by reason
of misconduct due to civil conviction. Subsequently, your
commanding officer also recommended an undesirable discharge by
reason of misconduct. On 10 June 1971 the discharge authority
approved these recommendations and directed an undesirable
discharge, and on 16 June 1971, 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, character reference letters,
period of honorable service, combat history, and the passage of
time. It also considered your assertions that you were told that
your discharge would be automatically upgraded and of legal
misrepresentation. 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. Further, no
discharge is automatically upgraded due solely to the passage of
time or an individual’s good post service conduct. Finally,
there is no evidence in the record, and you submitted none, to
support your assertions. 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,
\DS»€
W. DEAN PFE
Executive D or
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