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

Docket No: 1231-19 
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 12 February 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 service on 24 May 1976.  You went on a period unauthorized authorized (UA) from 17 December 1976 to 18 January 1977.  On 16 March 1977, you received a civil conviction for grand larceny.  On 6 July 1977, you were notified of the initiation of administrative proceedings to separate you from the naval service by reason of misconduct due to your civil conviction.  On 15 August 1977, your commanding officer recommended your discharge by reason of misconduct due to civil conviction, and you subsequently waived your right to have your case heard before an administrative discharge board (ADB).  On 13 September 1977, your administrative separation proceedings were determined to be sufficient in law and fact.  On 15 September 1977, the discharge authority approved and directed your discharge with an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction, and you were so discharged on 20 September 1977. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions you served honorably for one year and four months.  The Board noted that you received a civil conviction during your enlistment.  Members of the armed services subject to conviction by civil authorities, if such action is taken, may be discharged.  The Board considers the seriousness of a single act must be judged on its own merit; it can neither be excused nor extenuated solely on its isolation.  The Board concluded that your discharge was appropriate based your misconduct. 
 
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.