DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3204-09
17 March 20106
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 16 March 2010. 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 enlisted in the Marine Corps on 26 August 1972 at age 18 and
began a period of active duty on 18 September 1972. You served
without disciplinary incident until 26 January 1973, when you
received nonjudicial punishment (NIP) for disobedience. The
following month, on 16 February 1973, you received NUP for
gambling. During the period from 19 to 28 November 1973 you were
in an unauthorized absence (UA) status for nine days. Shortly
thereafter, on 19 December 1973, you began another period of UA
that was not terminated until you were apprehended by civil
authorities and charged with armed robbery. Subsequently, on 15 _
January 1974, you were convicted by civil authorities of armed
robbery and sentenced to confinement for 15 to 18 years.
On 6 March 1974, while in custody of civil authorities, you were
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 17 May 1974 an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to civil conviction. Your commanding
officer also recommended discharge under other than honorable
conditions by reason of misconduct due to civil conviction. On 8
March 1974 the discharge authority approved these recommendations
and directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct. On 30 May 1974 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that your misconduct was due to being
drugged. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct in both the
military and civilian communities. Finally, there is no evidence
in the record, and you submitted none, to support your assertion,
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,
W. BAN PF R
Executive D or
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