DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL .
Docket No: 9535-09
18 June 2010
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 16 June 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 Navy and began a period of active duty on
12 October 1973 at age 17. On 18 February 1974, you were
counseled for nondisclosure of your pre-service civil arrest
record and warned that further offenses could result in
administrative discharge processing. On 22 April 1975, you
received nonjudicial punishment (NUP) for possession of a false
military identification card. On 19 May 1975, you were convicted
by summary court-martial (SCM) for larceny. On 2 March 1976, you
were convicted in civil court of rape, first degree burglary and
inflicting great bodily harm and sentenced to confinement in
State prison. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 26 August 1976 the ADB found that you had committed
Misconduct and recommended that you be discharged under OTH
conditions. On 28 December 2976, you received the OTH discharge
for misconduct due to civil conviction.
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, an NUP, and a SCM. 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,
Noa
W. DEAN PP
Executive D x
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