DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00902-09
4 November 2009
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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 3 November 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedurés 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 22 February 1983. On 13 February 1986, you were
convicted by civil authorities of attempted murder, burglary and
kidnapping. Eventually, you were sentenced to life in prison,
with the possibility of parole. Based on this conviction you
were processed for an administrative discharge by reason ca
misconduct due to civil conviction. You were notified of this
pending administrative separation action and elected to consult
counsel and have your case heard by an administrative discharge
board (ADB). An ADB found that you had committed masconduct due
to civil conviction, and recommended that you receive an other
than honorable (OTH) discharge. On 21 April 1988, after you’ did
not file an appeal of your case, the discharge authority
concurred with the ADB and your commanding officer, and directed
that you be separated by reason of misconduct due to civil
conviction. You were go discharged on 25 May 1988.
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 found that
these factors were not sufficient to warrant any change in your
discharge given your civil conviction and ensuing incarceration
for very serious 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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