DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00061-07
11 December 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 9 December 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 and began a period of: active
duty on 5 August 1986 at age 17. During the period from
14 December 1973 to 1 March 1974, you received four nonjudicial
punishments (NJP’s) for disobedience, three periods of
unauthorized absence (UA), and four instances of absence from
your appointed place of duty.
On 20 January 1975, you began a period of UA. While in a UA
Status, you were apprehended by civil authorities and charged
with robbery on 31 January 1975. Subsequently, on 10 April 1975,
you were convicted of common law robbery and sentenced to a term
not to exceed four years in jail.
Based on this conviction you were processed for an administrative
discharge by reason of misconduct due to your civil conviction.
On 23 May 1975, you were notified of this pending administrative
separation action and elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 17 June 1975, your commanding officer (CO) forwarded your case
to the commanding general recommending separation.
On 21 August 1975 an ADB unanimously found that you had committed
misconduct due to the conviction by civil authorities, and
recommended that you receive an undesirable discharge.
Subsequently, the discharge authority concurred with the ADB and
directed that you receive an undesirable discharge due to
misconduct on the specific basis of the civil conviction. You
were so discharged on 30 September 1975.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your four NUP’s, civil conviction, and ensuing
incarceration for a very serious offenses. Further, it appears
that the Department of Veterans Affairs (DVA) office in New York
upgraded your discharge status in order for you to receive DVA
benefits only, and does not change or upgrade your
characterization of service. 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,
\y j
W. DEAN
Executive
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