DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8284-10
15 April 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 13 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
iiwebuee .
You enlisted in the Marine Corps and began a period of active
duty on 20 February 1973 at age 18. On 16 September 1973, you
received nonjudicial punishment (NIP) for unauthorized absence
(UA) from your unit for a period of 10 days. On 17 September
1973, you were in a UA status from your unit until you were
apprehended on 16 November 1973 and detained by civil authorities
on a charge of automobile grand theft. On 14 December 1973, you
were convicted in civilian court of automobile grand theft and
sentenced to four months confinement in the Riverside County
jail, Riverside, California, and to serve three years probation.
On 27 February 1974, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (civilian conviction). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 21 March 1974, you received the OTH
discharge for misconduct due to your civilian conviction.
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 an NIP and a civil conviction. Finally, members of
the armed services who are subject to conviction by civil
authorities and if incarcerated may be discharged. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
git is regretted thatjthe circumstances of your case are such that
‘favorable action fiannot be taken. You are entitled to have the
tpoard reconsidey¥ its decision upon submission of new and material
Yovidence or other matter not previously considered by the Board.
‘In this regard, #t 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,
W. DEAN PF
Executive tor
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