DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8758-08
25 June 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 24 June 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 and medical records,
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 entered active
duty in the Marine Corps on 2 October 1981. On 13 May 1982,
you entered an unauthorized absence (UA) status, which was not
terminated until 17 July 1986, when you were apprehended by
civil authorities for armed robbery, a period about 1,526 days.
You were convicted of armed robbery and sentenced to eight
years in prison. You were in hands of civil authorities until
your discharge on 9 December 1986. You received an other than
honorable (OTH) discharge for misconduct (civil conviction),
and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, and
contention that you were falsely accused and convicted.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant changing your OTH discharge because of
your lengthy periods of UA and serious misconduct. In view of
the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Tt 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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