'I understand that I am being considered for an administrative discharge because of civil conviction involving moral turpitude to wit: Unlawfully taking personal property and that I am subject to and may be separated with an undesirable discharge. I understand that an undesirable discharge is under other than honorable conditions and may deprive me of virtually all veterans benefits based on my current period of active service, and that I may expect to encounter substantial prejudice in civilian life in situations wherein in the type of service rendered in any branch of the Armed Forces or the character of discharge may have a bearing. I understand that I may request or waive the privileges listed below. Understanding all of the foregoing and after being counseled by a lawyer within the meaning of Article 27(b) (1), UCMJ, I desire to avail mayself [sic] of the privileges I have checked below:
(1) X None of the privileges listed below.
(2) ____ To have my case heard by a board of not less than three officers.
(3) ____ To appear in person before such board (unless civil confinement or otherwise unavailable).
(4) ____ To be represented by counsel who, if reasonably available, should be a lawyer.
(5) ____ To submit statements in my own behalf.
*1216 Having been so advised and fully understanding the above, my desires have been checked and initialed by me and my signature appears below.'DATE: Oct. 28, 1968 SIGNATURE: /s/ Vito D. Amato Vito D. AMATO WITNESSED: /s/ J. S. Meyer J. S. MEYER, LT, JAGC, USNR ASST. LEGAL OFFICER
'I understand that I am being considered for an administrative discharge because of civil conviction involving moral turpitude to wit: Unlawfully taking personal property and that I am subject to and may be separated with an undesirable discharge.'
'(1) Each application and the available military or naval records pertinent to the corrective action requested will be reviewed to determine whether to authorize a hearing, recommend that the records be corrected without a hearing, or to deny the application without a hearing.
(2) The Board may deny any application if it determines that insufficient relevant evidence has been presented to determine the existence of probable material error or injustice.
(3) When an application is denied without a hearing, written findings, decision and recommendations are not required. (Emphasis added)'
'The BCNR is not required to grant a hearing to all applicants . . . A hearing is required only when review of applicant's available military record indicates `probable material error or injustice.'