DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
BUG
Docket No: 12021-09
11 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 10 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 1 June 1973. You received
nonjudicial punishment (NUP) on three occasions for failure to
obey a lawful order (two specifications), disrespect, and
absence from your appointed place of duty. You began a period
of unauthorized absence on 13 December 1974, which ended on 6
January 1976, a period of 754 days. On J April 1976, you pled
guilty to armed robbery in civil court and were sentenced to
five years confinement. You were notified that your
commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge due to
misconduct (civil conviction}. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 13 January 1977, you received an OTH
discharge due to misconduct (civil conviction), and were
assigned an RE-4 (not recommended for retention) reenlistment
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. The Board concluded that
your discharge should not be upgraded due to your very serious
acts of misconduct , | The Board found that you waived your right
Bto ‘an-ADB, your best opportunity for retention or a better
$characterizaGMBn" of Service. In view of the above, your
Bapplication 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,
Yn
W. DEAN PFEL
Executive Dir
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