DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1645-09
18 November 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 November 2009. The names and votes of the
members of the panel will be furnished upon request.
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 reenlisted in the Marine Corps on 14 April 1984 after four
years of prior honorable service. You served without
disciplinary infraction until 7 July 1985, at which time you shot
your spouse six times and fled the crime scene. On 8 July 1985
you were apprehended by civil authorities on charges of homicide.
You were also hospitalized for a self-inflicted gunshot wound.
On 24 June 1986, while.in the custody of civil authorities, you
were notified of pending administrative separation action by
reason of misconduct due to the civil conviction. After
consulting with legal counsel you elected to present your case to
an administrative discharge board (ADB). On 28 October 1986 an
ADB recommended discharge under other than honorable conditions
by reason of misconduct due to civil conviction. Subsequently,
your commanding officer also recommended discharge under other
than honorable conditions by reason of misconduct due to civil
conviction. On 18 September 1987 the discharge authority
approved these recommendations, and on 14 October 1987, while in
the custody of civil authorities, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to upgrade your
discharge. Nevértheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in a
civil conviction. Accordingly, your application has been denied.
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,
\s b
W. DEAN PPELEFER
Executive Di
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