DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07903-07
1 July 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 19 June 2008. your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of thi
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.
The Board found that you served on active duty in the Marine
Corps from 30 July 1965 to 9 January 1970, when you were
separated from the service with an undesirable discharge by
reason of your conviction by civil authorities of murder.
The Board could not find any indication in you naval record that
you were unfit for*further service by reason of physical
disability, which is a prerequisite to the disability separation
Or retirement of a service member. The Board noted that even if
you had been unfit for duty, you would not have been entitled to
disability separation or retirement, because your discharge by
reason of conviction by civil authorities would have taken
precedence over disability evaluation processing. The Board
concluded that given the very serious nature of your civilian
offense, it would not be in the interest of justice for it to
upgrade your discharge, notwithstanding your contentions
concerning your youth, record of service prior to the murder,
exposure to combat trauma, and good civilian record.
Accordingly, your application has been denied. The names and
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,
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