DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5568-10
18 February 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 15 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps on 28 June 1977.
You received nonjudicial punishment on three occasions and were
convicted by a special court-martial. Your offenses included
carrying a concealed weapon, disobeying a lawful order, absence
from your appointed place of duty, and a 41 day period of
unauthorized absence. On 30 October 1979, you pled guilty to
armed robbery in civilian court in Illinois, and were sentenced
to seven years confinement. You were notified of pending
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administrative separation processing with an under other than
honorable conditions discharge due to misconduct (conviction by
Civil authorities). You elected to have your case heard by an
administrative discharge board (ADB), which met and found that
you had committed misconduct (conviction by civil authorities),
and recommended your separation with an under other than
honorable conditions discharge. The discharge authority
concurred with the ADB’s finding and recommendation. On 9
April 1980, you were discharged under other than honorable
conditions due to misconduct (conviction by civil authorities),
and assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of youxy application, the Board carefully weighed
all potentially eda ing factors, such as your youth, desire
to upgrade your ischgrge, remorse, post service good conduct,
tand character reference letter. However, the Board concluded
that your discharge should not be changed due to your numerous
acts of serious misconduct. You are advised that no discharge
is upgraded automatically due merely to the passage of time or
post service good conduct. In view of the above, your
application hasbeen 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,
Qo
W. DEAN PFEVFF
Executive Director
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