DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 11829-09
30 August 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 24 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 and began a period of active
duty on 18 July 1978. The Board found that you received eight
nonjudicial punishments (NUP’s) for assault, six periods of
unauthorized absence (UA) totaling 27 days, two instances of
disobedience, disrespect, failure to go to your appointed place
of duty, five instances of absence from your appointed place of
duty, and disorderly conduct. On 15 April 1980, you were
convicted by special court-martial (SPCM) of a 70 day period of
UA, absence from your appointed place of duty, two specifications
of failure to go to your appointed place of duty, leaving your
appointed place of duty, disobedience, and escaping from custody.
Finally, on 15 January 1981, you were apprehended and convicted
by civil authorities of armed robbery. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to civil conviction. Based on the information
currently contained in your record it appears you were afforded
all of your procedural rights, and your case was forwarded to the
separation authority who directed that you be separated under
other than honorable conditions by reason of misconduct due to
civil conviction. You were so discharged on 29 June 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
your eight NUP’s, conviction by SPCM, and civil conviction for
what appears to have been for a very serious 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,
W. DEAN PFE INE
Executive Dil
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