DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9737-09"
7 Aprii 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, gitting in executive session, considered your
application on 31 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 27 April
1975. You received nonjudicial punishment on two occasions and
were convicted by two special courts-martial. Your offenses
included unauthorized absences and disobedience of a lawful
order. On 14 February 1975 you were convicted by civil
authorities of armed robbery, and sentenced to confinement for 4
term of not less than five years nor more than ten years.
On 2 April 1975 your commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
due to civil conviction. After review by the discharge
authority, the recommendation for separation was approved and you
- were discharged on 7 April 1975 with an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and numerous contentions concerning your civilian trial,
but found those factors insufficient to warrant
recharacterization of your service, given the very serious nature
of your offense. 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,
WNuauf
W. DEAN P R
Executive D ekbor
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