DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7701-07
18 August 2008
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 12 August 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 Reserve on 25 May 1979 at age
20. About five months later, on 13 October 1979, you were
apprehended and held in confinement by civil authorities on
charges of assault which included possession and threat by using
a straight razor, and common law robbery. As a result, on 14
January 1980, you were convicted by civil authorities of common
law robbery and sentenced to confinement for five to seven years.
On 21 January 1980 you were notified of pending administrative
separation action by reason of misconduct due to conviction by
Civil authorities. At that time you waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). On 1 April 1980 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to civil conviction. On 14 April 1980
the discharge authority approved this recommendation and directed
an other than honorable discharge, and on 6 March 1981, 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 desire to have your discharge upgraded. It also
considered your assertion that you made some bad decisions that
you now regret. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct in the
civilian community that resulted in 506 days of unauthorized
absence from the Marine Corps. Finally, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. 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,
Loven GR IG
W. DEAN PF
Executive Divettor
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