DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 05074-10
4 April 2011
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 29 March 2011. 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 Navy and began a period of active duty on
21 August 1975. The Board found that on 10 August 1976, while in
an unauthorized absence status since 28 July 1976, you were
apprehended by civilian authorities on the charge of robbery.
You were detained pending arraignment, and in lieu of bail. On
23 September 1976, you posted bail and were released. On 23
October 1976, you were involved in two armed robberies, and on 13
January 1977, you were found guilty of the charge of robbery. On
10 February 1977, you were sentenced to one year in the
penitentiary. Subsequently, your commanding officer recommended
that you receive an undesirable discharge by reason of unfitness.
At that time you were in the hands of civil authorities. You
were notified of pending administrative separation action and on
17 October 1977, an administrative discharge board (ADB)
recommended’ that you be discharged from the service with an
undesirable discharge due to unfitness. Your case was forwarded,
and on 11 January 1978 the separation authority approved the
recommendation for an undesirable discharge. You were so
discharged on 3 February 1978.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted ina
conviction by civil authorities of a very serious offense.
Ac#ordingly, your application has been denied. The names and
ane of the nenbexk of the panel will be furnished upon request.
Tth a Pir eghe thede-that» the circumstances of your case are such that
faworable action carfnot be taken. You are entitled to have the
Board reconsider “te 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.
ee
Sincerely,
\s
W. DEAN P FF
Executive Director
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