DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4038-11
18 January 2012
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 12 January 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 4 May 1966 at age 20. On 24 October 1966, you received
nonjudicial punishment (NJP) for unauthorized (UA) from your unit
for a period of 10 days. On 6 December 1966, you were in the
hands of civil authorities after being arrested on a charge of
carrying a concealed weapon without a registration card. On
25 January 1967 you were convicted in the Circuit Court of
Carroll county, Virginia, of grand larceny and petty larceny.
The sentence imposed was a $400 fine, court costs totaling
$172.94 and 12 months confinement. You had additional charges
pending in North Carolina for breaking and entering. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct. After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 26 October 1967,
the ADB found that you committed misconduct and recommended that
you be separated with an OTH discharge. On 14 November 1967 the
separation authority agreed with the recommendation of the ADB
and directed your commanding officer to issue you an OTH
discharge by reason of misconduct due to civil conviction and on
13 November 1967, you were so discharged.
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 NUP and civil conviction. 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,
\pYpetes
W. DEAN PFBI
Bxecutive tor
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