DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3562-08
. 5 March 2009
This is in reference to 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 3 March 2009. The names and votes of the members
of the panel will be furnished upon request. 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 reenlisted in the Marine Corps on 28 February 1985 after six
years of prior honorable service. You continued to serve without
disciplinary incident until 23 May 1985, when you received
nonjudicial punishment (NOP) for theft of tennis shoes valued at
$55.
Your record reflects that on 2 March 1989 you were convicted by
civil authorities of first degree murder and sentenced to
confinement for life. As a result of this action, you were
processed for an administrative separation by reason of
misconduct due to civil conviction. After waiving your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB), the discharge authority
directed your comnanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 9 June 1990,
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Accordingly, your
application has been denied.
The Board believes that you are eligible for veterans’ benefits
which accrued during your prior periods of service. However,
your eligibility is a matter under the cognizance of the
Department of Veterans Affairs (DVA). In this regard, you should
contact the nearest DVA office concerning your rights,
specifically, whether or not you are eligible for benefits based
on these periods of service.
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 inwUusticee.
Sincerely,
\ Qo
W. DEAN PFETFP
Executive Di
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