DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09602-07
19 November 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 13 November 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 22 July 1963 at age 17. On
28 August 1964, you were convicted by special court-martial
(SPCM) of wrongful appropriation. During the period from
16 November 1965 to 22 June 1966, you received three nonjudicial
punishments (NUP’s) for absence from your appointed place of duty
and two instances of disobedience. On 31 January 1967, you were
convicted by civil authorities of receiving stolen property. You
were sentenced to six months in jail which was suspended on the
condition that you reimburse the loss. On 3 February 1967, you
were convicted by summary court-martial (SCM) of failure to go to
your appointed place of duty.
On 20 March 1967, your commanding officer recommended that you
receive an undesirable discharge by reason of unfitness due to
the civil conviction. You were notified of pending
administrative separation action, and on 13 June 1967 an
administrative discharge board (ADB) recommended that you be
discharged from the service with an undesirable discharge due to
unfitness. Subsequently, your case was forwarded, and on 20 July
1967 the discharge authority approved the recommendation for an
undesirable discharge. You were so discharged on 25 July 1967.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the character letters accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your misconduct that resulted in three NJP’s
and convictions by SPCM and SCM. 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,
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officer recommended an undesirable discharge by reason of unfitness. were so discharged. 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.