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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10058-09
7 July 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 30 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 Marine Corps and began a period of active
duty on 8 September 1971 at age 18. On 25 June 1972 you were
apprehended by civil authorities in Jacksonville, Florida, and
charged with burglary, larceny of an automobile and possession of
burglary tools. You were held on $1,501 bond. Based on the
information currently contained in your record it appears the
charges were dropped. On 21 February 1975, you were again in the
hands of civil authorities and on 28 November 1975 you were
convicted of second degree murder. You were sentenced to one
year confinement in Orange County jail and three years probation.
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 14 January
1976 the ADB found that you had committed misconduct and
recommended that you be discharged under OTH conditions. On 29
September 1977, you received the OTH discharge for misconduct due
to your 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. 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 ite 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,
lyNu
W. DEAN PFE
Executive Di t
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