DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04028-07
4 February 2008
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 24 January 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 1 February 1966 at age 18.
On 14 January 1967, you received nonjudicial punishment (NJP) for
leaving your post before being properly relieved. On 12 July
1968, while stationed in Vietnam, you were convicted by general
court-martial (GCM) for 10 specifications of signing false
official documents, 21 specifications of larceny of postal money
orders, and 13 specifications of wrongfully and willingly issuing
postal money orders without having previously paid the full face
value. You were sentenced to a reduction in paygrade,
confinement at hard labor, forfeiture of all pay and allowances,
and a dishonorable discharge (DD). On 12 February 1970, the Navy
Clemency and Parole Board mitigated your DD to a bad conduct
discharge (BCD), and directed your immediate release from
confinement. You received the BCD after appellate review was
completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, Vietnam service, and post
service accomplishments. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your NUP and conviction by GCM for very
serious offenses. 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 PFE
Executive Di
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