DEPARTMENT OF THE NAVY .
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2316-08
17 February 2010
This is in reference 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 17 February 2010. The names and votes of the
members of the panel will be furnished upon request. 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 3 October 1974 at age 18 and
served without disciplinary incident until 7 January 1975, when
you received nonjudicial punishment (NIP) for an 18 day period of
unauthorized absence (UA).
On 12 January 1976 you were arrested by civil authorities on
charges of breaking and entering and larceny of property valued
at approximately $310. Shortly thereafter, on 19 Pebruary 1976,
you were convicted by civil authorities of two counts of
Misdemeanor larceny. You were sentenced to probation for two
years, a $400 fine, $225 restitution, and $70 court costs.
Subsequently, you were returned to military custody, and on 5
March 1976 you were convicted by summary court-martial (SCM) of a
24 day period of UA. You were sentenced to confinement at hard
labor for 30 days and a reduction to paygrade E~2.
On 2 June 1976 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 4 June 1976 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to civilian conviction. On 17 June 1976
the discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable |
discharge by reason of misconduct due to civil conviction, and on
24 June 1976, 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, and desire to upgrade your
discharge. It also considered your assertion that you requested
separation due to personal and marital problems. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct in both the military and civil communities.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, no discharge is automatically upgraded due solely to an
individual's good post service conduct. Accordingly, your
application has been denied.
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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