DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11639-10
18 August 2011
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 16 August 2011. 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 20 May 1966 at age 19 and
served without disciplinary infraction until 20 January 1967 when
you were apprehended by civil authorities and charged with
possession of a stolen vehicle. Subsequently, you were released
on bond and returned to military authorities. On 22 March 1967
you began a period of unauthorized absence (UA) after being
apprehended by civil authorities and charged with transportation
of a stolen vehicle. On 25 May 1967 you were convicted by civil
authorities of the foregoing charge and sentenced to imprisonment
under the Youth Corrections Act.
On 27 October 1967, while in the custody of civil authorities,
you were notified of pending administrative separation action by
reason of misconduct due to the civil conviction. After waiving
your procedural rights to consult with legal counsel and to
present your case to an administrative discharge board (ADB),
your commanding officer recommended an undesirable discharge by
reason of misconduct due to civil conviction. The discharge
authority approved this recommendation and on 20 March 1968,
while in the custody of civil authorities, 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, post service conduct, desire to upgrade your
discharge, and the passage of time. It also considered your
assertions of serving honorably, not being afforded legal
assistance or your legal rights, and being unaware of breaking
state laws. 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 a
civil conviction. The Board noted that the record clearly shows
that you were given an opportunity to defend yourself, but waived
your procedural right to consult with legal counsel and to
present your case to an ADB. Further, no discharge is
automatically upgraded due solely to the passage of time or an
individual's good post service conduct. Finally, there is no
evidence in the record, and you submitted none, to support your
assertions. 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,
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