DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1411-10
26 October 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 20 October 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 policise.
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.
served without disciplinary incident until 1 December 1971, when
you received nonjudicial punishment (NJP) for sleeping on post.
On 13 March 1973 you were convicted by civil authorities of
reckless driving and failure to yield for a siren, and were
sentenced to confinement for 30 days. About three months later,
on 4 June 1973, you received your second NUP for a one day period
of unauthorized absence (UA) and were awarded restriction for 14
days and a six month suspended $50 forfeiture of pay.
You were convicted by special court-martial (SPCM) on 18 March
1974 of two periods of UA totalling 48 days. You were sentenced
to confinement at hard labor for two months, a $300 forfeiture of
pay, and reduction to paygrade E-1. The confinement was
suspended for 12 months. However, six months later, on 26
September 1974, you began another period of UA that was not
terminated until you were apprehended and held in confinement by
civil authorities for various felony charges. As a result, on 13
June 1975, you were convicted by civil authorities of
safecracking, larceny of a motor vehicle, felonious on breaking
and entering, and felonious larceny. Subsequently, you were
sentenced to confinement for 40 years.
On 5 August 1975, while in the custody of civil authorities, you
were processed for an administrative separation action by reason
of unfitness. After waiving your procedural right te eonsult
with legal counsel and to present your case to an administrative
d@ischarge board, you submitted a written request for immediate
discharge. On 18 August 1975 the discharge authority directed
your commanding officer to issue you an other than honorable
@ischarge by reason of unfitness, and on 21 August 1975, 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 and desire to upgrade your discharge for social
security purposes. 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 two lengthy periods of UA from the Marine Corps, two
NJPs, a SPCM, and two convictions by civil authorities. Further,
you were given an opportunity to defend yourself, but waived your
procedural rights and requested immediate execution of your
discharge. 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,
® a
W. DEAN P R
Executive bh tor
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