Docket No:  10786-18 
Ref: Signature date 

Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 16 September 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 20 February 1957.  On 19 August 1957, you received nonjudicial punishment (NJP) for failure to obey a lawful order.  On 24 September 1957, you were convicted by special court-martial (SPCM) of Larceny and of Leaving Sentinel Duty to steal from an automobile.  On 9 May 1958, you received NJP for again failing to obey a lawful order.  On 22 July 1958, you received a third NJP for misbehavior as a sentinel and sleeping on post.  On 4 February 1959, you received a fourth NJP for disobeying a lawful order.  On 12 February 1960, you received a fifth NJP for again failing to obey a lawful order.  On 18 April 1960, you received your sixth NJP for unauthorized absence and again failing to obey a lawful order.  On 9 June 1960, you were convicted in a Long Beach court for auto theft.  On 14 September 1960, you were convicted in a Los Angeles court for auto theft.  Subsequently, administrative discharge action was initiated by reason of Civilian Conviction.  On 19 January 1961, an administrative board found a basis for your separation and recommended you be separated with an Undesirable discharge.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 25 January 1961, the separation authority directed that you be separated with an OTH discharge.  
You received an OTH discharge on 2 February 1961.  On 21 March 1984, a  judge set aside your conviction there and dismissed the charge. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and documentation provided.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct, which resulted in conviction in Long Beach for auto theft. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.