Docket No: 4056-19                                                                                                                              
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 5 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 duty on 28 August 1958.  On 27 February 1959, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling 16 days.  Three months later, on 1 May 1959, in accordance with your plea of guilty, you were convicted in Federal District Court for the  of transporting a stolen motor vehicle in interstate commerce “knowing the same to have been stolen.”  Five days later, on 6 May 1959, you were convicted by a second SCM of two specifications of unauthorized absence totaling six days. Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be separated with an OTH discharge by reason of misconduct.  On 29 May 1959, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you were getting ready for your leave for the weekend and got into what you thought was a borrowed car of another man’s aunt.  Both of you drove from  to .  You found out that the other man actually did not borrow the car from his aunt, he took the car and the aunt called the police and pressed charges.  You state that you were released from the military and at the time you were told to go work for Boeing and come back to the military in six months and you would be reinstated.  However, the Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in two SCM convictions and civilian conviction by guilty plea.  You also waived your right to an ADB, and thereby forfeited your best opportunity to receive a better characterization of service.  In regard to your contention that you were told to go work for Boeing and come back to the military and you would be reinstated, there is no evidence in the record, and you presented none, to support your contention.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 
 
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.