DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
TAL
Docket No: 4242-09
12 March 2010
This ig 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 March 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 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 9 July 1979 at age 18. On 22 May 1981, you received
nonjudicial punishment (NJP) for failure to obey a lawful order
by possessing alcoholic beverages in the barracks. On 19 May
1982, you were apprehended by civil authorities for driving under
the influence (DUI). On 1 May 1983, you were apprehended by
Civil authorities for homicide. You pled no contest to the
charge of second degree murder and were found guilty. On 14 June
1983, you were sentenced to 15 years in the custody of the North
Carolina Department of Corrections. On 21 July 1983,
administrative separation action was initiated by reason of
misconduct due to a civil conviction. You elected to waive your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 4 August
1983, your commanding officer forwarded his recommendation that
you be discharged under other than honorable (OTH) conditions for
misconduct. On 23 August 1983, the separation authority directed
an OTH discharge by reason of misconduct due to civil conviction.
On 29 August 1983 you were so discharged.
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 recharacterization
of your discharge given the seriousness of your misconduct that
resulted in a civil conviction and a sentence of 15 year
confinement. Finally, members of the armed services who are
subject to conviction by civil authorities and, if convicted, are
discharged. 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,
\pQon& j
W. DEAN PFEI
Executive Dinedt
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