DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1004
TAL
Docket No: 8151-13
12 September 2614
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 4 September 2014. 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 28 August 1953, at age 18. Prior to your enlistment you
were convicted of larceny of an automobile and sentenced to
probation until 26 March 1954, which you failed to disclose. On
19 November 1953, you were discharged from the Marine Corps with
an undesirable characterization due to misconduct (fraudulent
enlistment). On 5 October 1955, your case was reviewed by the
Naval Discharge Review Board, and. it was approved that no change
in character was warranted. On 15 December 1969, the Board for
Correction of Naval Records reviewed your case and corrected the
record by showing that on 19 November 1953, you received a
general discharge by reason of unsuitability.
Raerlenng? *
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 a further change in
your characterization of service. Finally, there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of service due solely to the passage of time.
Accordingly, your application has been denied. The names and
votes of the members’of the panel will be furnished upon
request. ( °F ¢
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,
ROBERT J. O’NEILL
Executive Director
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