DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ORS
Docket No: 9397-08
19 February 2010
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 6 January 2010. 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 3
January 1969. You received nonjudicial punishment on three
occasions and were convicted by a summary court-martial and two
special courts-martial. Your offenses included unauthorized
absences, drunk and disorderly conduct, asleep on watch, breach
of the peace, and assault. On 5 January 1973 you were convicted
by civil authorities of rape and multiple counts of kidnapping
with intent to commit rape, and sentenced to confinement for 40
years.
On 10 December 1974 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
misconduct due to civil conviction. After review by the
discharge authority, the recommendation for separation was
approved and you were discharged on 10 February 1975 with an
undesirable discharge.
In its review of your application the Board carefully weighed all
potentially.mitigating factors, such as your youth, Vietnam
service, and the unsubstantiated contention the posttraumatic
stress disorder caused your misconduct, but found those factors
insufficient to warrant recharacterization of your service, given
the nature of your 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.
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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