DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 11683-09
12 August 2010
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 11 August 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 on 20 June 1972, at age 17. On
31 October 1973, you received nonjudicial punishment (NJP) for
leaving your appointed place of duty while on watch. On
13 November 1974, you received NJP for being in an unauthorized
absence (UA) status for 48 days. On 7 November 1975, you were
arrested by civilian authorities and charged with robbery by
intimidation. You were tried and sentenced to one year
confinement, and two years probation. On 23 January 1976, your
commanding officer recommended that you receive an other than
honorable (OTH) discharge by reason of misconduct. Subsequently,
your case was forwarded, and on 9 April 1976, the discharge
authority approved the recommendation for an OTH discharge. You
were so discharged on 16 April 1976.
The Board, in its review of your entire record and application,
carefully weighed ali potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in two NJP’s, a civilian
criminal conviction and confinement. 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
prastence of probable material error or injustice.
Sincerely,
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