DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06540-10
21 Aprad 2011
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 19 April 2011. 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
inj uebiee:.
You enlisted in the Marine Corps and began a period of active
duty on 29 May 1967. The Board found that on 17 January 1968,
you were convicted by civil authorities of stealing a motor
vehicle. You were sentenced to six months in jail.
Subsequently, administrative discharge action was initiated and
it was recommended that you receive an undesirable discharge by
reason of unfitness. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). On 14 June 1968, your commanding officer
forwarded his recommendation that you be discharged from the
service with an undesirable discharge due to unfitness. Your
case was forwarded and you received an undesirable discharge on
3 July 1968.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your civil conviction and ensuing incarceration for very
serious offense. Further, the Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. 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,
Lobe
W. DEAN PFE
Executive Di
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