DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
TJR
Docket No:
26 December
4580-01
2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 December 2001.
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, your naval record,
and applicable statutes, regulations,
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
t
The Board found you enlisted in the Navy on 3 June 1974 at the
age of 18.
Your record reflects that on 19 November 1974 you
received nonjudicial punishment
were awarded a suspended forfeiture of pay.
on 24 December 1974, you were arrested by civil authorities and
charged with robbery.
On 25 March 1975 you were convicted by
civil authorities of the foregoing charge and sentenced to 10
years in prison.
(NJP) for breach of the peace and
Shortly thereafter,
Your record further reflects that on 11 June 1975, while in the
custody of civil authorities,
you were notified of pending
administrative separation action by reason of misconduct due
civil conviction.
After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB) and to submit statements in rebuttal to the discharge. On
9 October 1975 an ADB recommended you be issued an undesirable
discharge by reason of misconduct due to civil conviction.
recomnended an
October 1975 your commanding officer also
undesirable discharge by reason of misconduct.
On 11 November
On 23
to,
1975 the discharge authority approved the foregoing
recommendations and directed an undesirable discharge.
On 17
February 1976, while in the custody of civil authorities, you
received an undesirable discharge.
statement from the American Legion in
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
support of your case, and your contention that you did not know
The Board also
that you had received an undesirable discharge.
considered your contentions that you were deprived of adequate
legal counsel at the ADB and that your misconduct was not
service-connected. However,
contentions were not sufficient to warrant recharacterization of
your discharge because of the serious nature of your misconduct
in both the military and civilian communities.
the Board concluded these factors and
Concerning your contention of inadequate assistance of counsel,
the Board noted that this Sixth Amendment right does not apply to
administrative proceedings.
However, to the extent that Article
27b of the Uniform Code of Military Justice and applicable
directives required such assistance at the ADB, the Board
concluded that you received it.
introduced letters from you and your parents in you defense.
There was little more your counsel could do.
slightly more that six months prior to your arrest by civil
authorities.
applicable regulations in effect at the time stated that an
individual convicted of a civil offense involving violence or in
which the individual is sentenced to confinement for a year or
more.
Accordingly, the Board concluded that even if your counsel had
introduced other evidence pertaining to your service, the outcome
would be the same.
Both of these factors were present in your case.
During this time, you received an NJP.
At the ADB your military counsel
You had served only
Further,
The Board also rejected your contention that the undesirable
discharge was improper because it was not service connected.
There was an is no such requirement in applicable directives.
However, the Board noted that your offense was service connected
to the extent that your conviction and sentence to confinement
rendered you unable to complete your enlistment.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case
favorable action cannot be taken.
You are entitled to have the
are such that
2
Board reconsider its decision upon submission of new and material
evidence or other matter not previously 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.
Sincerely,
W. DEAN
Executive Director
PFE1FFF.R
Copy to: American Legion
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