DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 772-08
24 September 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 September 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 that the evidence submitted was
insufficient to’ establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 28 March
1968. On 9 March 1971 you were convicted by civil authorities of
attempted armed robbery. While not shown in the available
records, it appears that you were sentenced to confinement for
more than one year.
On 15 July 1971 an administrative discharge board recommended
that you be separated from the service with an undesirable
discharge by reason of misconduct due to civil conviction. The
recommendation was approved by the separation authority, and you
were separated from the Marine Corps with an undesirable
discharge on 6 August 1971.
The Board did not accept your unsubstantiated contention to the
effect that you were forced to sign the paperwork for your
discharge. As noted above, you were discharged pursuant to the
approved findings of an administrative discharge board. The
Board concluded that your service was properly characterized with
an undesirable discharge, given the serious nature of your civil
conviction. The Board was not persuaded that it would be in the
interest of justice for it to upgrade your discharge.
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,
W ‘ DEAN P R
Executive Dinvektor
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