DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 04589-08
20 June 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 17 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 26 January 1967 at age 18.
On 26 September 1967 you received nonjudicial punishment for 16
days of unauthorized absence (UA) for which you were reduced to
private and ordered to forfeit $45.00. Your reduction to
private was suspended for six months. In February of 1968 you
began a tour of duty in Vietnam that lasted approximately 18
months. Unfortunately after returning to the United States you
began a period of UA during which you were arrested by civil
authorities on a charge of burglary. On 25 September 1970 you
were convicted of that charge and sentenced to four to six years
in the Colorado State Penitentiary. Your confinement was
suspended and you were placed on five years of probation. You
were then returned to Marine Corps control.
On 12 October 1970 you were notified that you were being
processed for administrative separation with an undesirable
discharge (UD) due to your civil conviction. After conferring
with a military lawyer you waived all your rights. Consequently
you were issued a UD on 4 December 1970.
In its your review of your application the Board took into
account all extenuating and mitigating matters such as your
youth, 18 months of Vietnam service and remorse for your
misconduct. Nevertheless in view of the seriousness nature of
your civil conviction the Board concluded that your discharge
was properly issued and should not be changed now as a matter of
clemency.
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,
LQ
W.
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