DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00127-08
19 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 17 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 29 May 1969 at age 17. On 7 November 1970, you received
nonjudicial punishment (NJP) for disobedience and absence from
your appointed place of duty. On 29 November 1971, you were
convicted by summary court-martial (SCM) of disrespect and making
a false official statement.
On 22 March 1972, you were convicted by civil authorities of
tampering with an automobile, grand larceny, and attempted
murder. You were sentenced to six months in jail for tampering
with an automobile, five years for grand larceny, and 10 years
for attempted murder, which two years were suspended. Further,
you were to serve three years probation upon release from jail.
Based on these convictions you were processed for an
administrative discharge by reason of misconduct due to civil
conviction. On 17 April 1972, you were notified of this pending
administrative separation action. On 10 October 1975, you
elected to consult with legal counsel and requested Lhat your
case be heard by an administrative «ischarge board (ADB).
On 17 July 1972, an ADB found that you had committed misconduct
due to civil conviction, and recommended an undesirable
discharge. Subsequently, your commanding officer concurred with
the ADB findings and recommendations, and forwarded your case to
the discharge authority. On 9 August 1972, the discharge
authority directed that you be separated with an undesirable
discharge by reason of civil conviction. You were so discharged
on 29 August 1972.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and tour in Vietnam.
Nevertheless, the Board found that these factors were not
sufficient to warrant any change in your discharge given your
civil convictions, and subsequent incarceration for very serious
offenses. 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.
Conseguently, 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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