DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 02103-09
12 May 2010
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 11 May 2010. 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 and began a period of active
duty on 1 March 1971. On 28 September 1971, you received
nonjudicial punishment (NJP) which consisted of two occasions of
being in an unauthorized absence (UA) status totaling 23 days.
During the UA period you were apprehended by the Elizabeth City,
North Carolina police and charged of auto theft and interstate
transportation of a stolen vehicle. You were sentenced to five
years imprisonment. You were notified of pending administrative
discharge processing for misconduct based on your civil
conviction. You elected to have your case heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an under other than honorable discharge. Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
Misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 31 March 1972,
you were so discharged. At that time you were assigned an
appropriate RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of NJP and one civil
conviction for 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,
ROBERT D-~ZSALMAN
Acting Executive Director
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