DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4231-08
8 March 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 24 February 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 29 April 1969 at age 20. On 17 September 1969, you
received nonjudicial punishment (NJP) for two instances of
-unauthorized absence (UA) from you unit, totaling three days.
On 2 December 1969, you received NJP for a 21 day period of UA
from your unit and breaking restriction. On 6 February 1970, you
received NOP for two instances of breaking restriction and three
instances of UA from your unit for a period totaling 16 days.
On 16 February 1970, you were convicted by civilian court in
Norfolk, Virginia of altering a government check. On 26 April
1970, you were sentenced to three years probation and fined $200.
On 26 August 1970, you violated probation and you were awarded
confinement for one year. On 2 December 1970, administrative
discharge action was initiated to separate you by reason of civil
conviction. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 16 February 1971, an ADB unanimousiy found that you had
committed misconduct and recommended that you be discharged under
other than honorable (OTH) conditions. Subsequently, on 22
February 1971, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On 5
March 1971, the separation authority directed an OTH discharge by
reason of civil conviction. On 14 May 1971, you were so
discharged.
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 the seriousness of your misconduct that
resulted in a civil conviction. Finally, members of the armed
services who are convicted by civil authorities may be
discharged. 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,
ls {
We DEAN PFE E
Executive D
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