DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
SIN
Docket No: 11838-0908
29 October 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 27 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 15 August 1974 at age 17. During the period from
28 April 1975 to 16 July 1975, you received four nonjudicial
punishments (NJP'’s) for disrespect, three instances of failure to
go to your appointed place of duty, disobedience, and attempted
assault. On 9 January 1976, you were convicted by civil
authorities of two counts. of wrongful appropriation of property
and resisting arrest. ‘You were sentenced to six to 23 months of
confinement .
On 28 April 1976, your commanding officer recommended that. you
receive an undesirable discharge by reason of unfitness. At that
time you were incarcerated by civil authorities pending
additional charges of grand larceny and statutory burglary. You
were notified of pending administrative separation action and on
12 May’1976, an administrative discharge board (ADB) recommended
that you be discharged from the service with an undesirable
discharge due to unfitness. Subsequently, your case was
forwarded, and on 1 June 1976 the separation authority approved
the recommendation for an undesirable discharge. You were so
discharged on 8 June 1976.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
four NUP’s, conviction by civil authorities for serious offenses,
and the fact that you were pending additional civilian related
charges for serious offenses at the time of your ADB.
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,
|pSdva.ce)
Executive Di
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