DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8686-08
24 March 2009
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 4 February 2009. 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 Navy on 14 February
1964. A special court-martial convened on 22 October 1965 and
found you guilty of an unauthorized absence of 74 days. On 5
July 1967 the Federal Bureau of Investigation (FBI) charged you
with armed robbery. On 7 July 1967 you were convicted by civil
authorities of bank robbery. The court sentenced you to
confinement for not more than 20 years.
On 5 September 1967 your commanding officer recommended that you
be separated with an undesirable discharge by reason of
misconduct due to civil conviction. After being informed of the
recommendation, you elected to waive the right to present your
Case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and you were discharged on 18 October 1967 with an
undesirable discharge.
In its review of your application, the Board carefully considered
your contention that after your conviction the FBI discovered
that yeu had nothing to do with the robbery. The board could not
find any evidence in the available records or your application
which corroborate, that contention. Accordingly, and ag you lve
not demonstrated that it would be in the interest of justice for
the Board to upgrade your discharge, 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,
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