DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 2892-07
24 January 2008
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 23 January 2008. 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 15 January 1954 at age 19 and
served without disciplinary incident until 8 August 1956, when
you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended by civil authorities and
held in confinement. As a result, on 8 October 1956, you were
convicted by civil authorities of four specifications of first
degree robbery while armed with a dangerous weapon. On 1
November 1956 you were sentenced to confinement for 10 years.
However, your sentence was reduced to confinement for one year
and probation for nine years.
Subsequently, while in the custody of civil authorities, you were
notified of pending administrative separation action by reason of
misconduct due to civil conviction. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB) . However, on 23 November
1956 an ADB recommended an undesirable discharge by reason of
misconduct due to civil conviction. Your commanding officer also
recommended an undesirable discharge by reason of misconduct. On
11 December 1956 the discharge authority approved these
recommendations and directed an undesirable discharge, and on 4
January 1957, while in the custody of civil authorities, 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, post service conduct, character reference letters,
period of honorable service, and the passage of time. It also
considered your desire to upgrade your discharge so that you may
be buried as a Marine. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct, which
resulted in conviction by civil authorities. Finally, no
discharge is automatically upgraded due solely to the passage of
time or an individual's good post service conduct. 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,
QS
W. DEAN PFE
Executive Dilrect&r
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