DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N OF N A V A L R E C O R D S
2 N A V Y ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 8643-01
10 June 2002
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 4 June 2002. 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, your naval record, and applicable statutes, regulations,
and policies.
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.
You enlisted in the Marine Corps on 7 March 1974 at the age of
18. On 14 November 1974 you received nonjudicial punishment
(NJP) for disobedience and disrespect. The punishment imposed
was a suspended $200 forfeiture of pay and restriction and extra
duty fay 30 days.
On 3 and 11 July 1975 you received NJP for a four day period of
unauthorized absence (UA) and breaking restriction On 22 March
1976 you received NJP for a 10 day period of UA. The punishment
imposed was reduction to paygrade E-2 and correctional custody
for 30 days, both of which were suspended for six months.
Your record reflects that on 6 May 1977 you were convicted by
civil authorities of armed robbery and conspiracy to commit armed
robbery. You were sentenced to confinement for five to seven
years, less 169 days of pre-trial confinement. Subsequently, you
were notified of pending administrative separation action by
reason of misconduct due to civil conviction. After consulting
with legal counsel you elected to present your case to an
administrative discharge board (ADB). On 6 October 1977 an ADB
recommended an other than honorable discharge by reasion of
misconduct due to civil conviction. On 21 October 1977 your
legal counsel submitted a written request for retention in the
Marine Corps to complete your enlistment, if probation was
granted by civil authorities. However, this request was denied.
On 28 October 1977 the discharge authority approved the
recommendation of the ADB and directed discharge under other than
honorable conditions. On 3 November 1977, while in civil
custody, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, and your contentions of drug and
alcohol abuse, family problems, racism, and that you now suffer
from post traumatic stress disorder (PTSD). It also considered
your contention of double jeopardy in that your civil conviction
should have been separate from your military service.
Nevertheless, the Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given the serious nature of your misconduct in both the
military and civilian communities. Further, the Board noted that
there is no evidence in the record, and you submitted none, to
support your contentions. Further, administrative processing for
discharge due to civil conviction does not constitute double
jeopardy. 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 are such that
favorable action cannot be taken. You are entitled to have the
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 PFEIFFER
Executive Director
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