DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
Docket No: 1537-05
25 August 2005

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 24 August 2005. 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 Naval Reserve on 12 March 1970 at age 18. On 11 September 1970 you were convicted by civil court of shoplifting and sentenced to 12 months of probation. In addition, you were awaiting trial in civil court on charges of forgery and burglary.

Based on the foregoing civil conviction, on 4 March 1971, your commanding officer recommended you for an administrative discharge by reason of misconduct due to civil conviction, and recommended that you be separated with an undesirable discharge. In connection with this processing, you were advised of the consequences of such a discharge and waived your rights by failing to respond to the notification of administrative proceedings. In addition, the record shows that legal counsel notified you of your right to counsel and representation at an administrative discharge board (ADB) on two occasions by registered mail. The counsel then withdrew from your case due to your failure to respond.
On 11 May 1971 an ADB convened and found that you had committed misconduct due to civil conviction and recommended that you be separated with an undesirable discharge.

On 6 August 1971 you were convicted by another civil court of two counts of armed robbery and one count of burglary, and you were sentenced to ten years for each conviction of armed robbery and two years for the burglary conviction. The records show that you were also pending civil charges of forgery. The discharge authority subsequently approved the recommendation of the ADB and you were so discharged on 14 October 1971.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and your contention that you are disabled. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your civil convictions. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.

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,

W. DEAN PFEIFFER
Executive Director