DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9008-18 
Ref:  Signature Date 

Dear 

This 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 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 23 March 2020.  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 28 August 1946.  On 25 September 1947, you were convicted by general court-martial (GCM) of stealing government property (2 heavy-duty electric drills).  You were sentenced to a reduction in paygrade, confinement, and a dishonorable discharge (DD).  However, the convening authority stated that due to your long period of pre-trial confinement and youth, he reduced your confinement to 18 months.  On 16 April 1948, you received your DD. 

The Board carefully weighed all potentially mitigating factors, such as your record of service and you desire to have your characterization of service upgraded and the reason for your discharge changed to convenience of the government.  The Board also considered your assertions that your family had a sheep farm, it was springtime, your father needed your help on the farm, times were tough and your family needed you, you did not leave due to any misconduct, and you have been an asset and outstanding citizen for 70 years.  The Board concluded these factors and assertions were not sufficient to warrant an upgrade in the characterization of your discharge given your GCM conviction for a very serious offense. 

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.