DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 12307-09
3 September 2010
This igs in reference to your application for correction of your
naval record pursuant to the provisions ef 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 1 September 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 24 October 1972 at age 21 and
served for about four months without disciplinary incident, but
on 22 February 1973, you began a period of unauthorized absence
(UA) that was not terminated until you were apprehended and held
in confinement by civil authorities on 11 April 1973. Ags a4
result of this action, on 6 June 1973, you were convicted by
civil authorities of uttering a forged counterfeit check in the
amount of $250, and were sentenced to confinement for 18 months.
Subsequently, on 16 October 1973, 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 27 December 1973 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to civil conviction. On
24 September 1974 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. On 25 October 1974, while in custody of civil
authorities, you were so discharged, thus terminating a 610 day
period of UA.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and the passage ef
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
conviction by civil authorities and a lengthy period of UA from
the Marine Corps. 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 the passage of time. 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,
\p
W. DEAN
Executive
0
O
or
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