DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8935-10
28 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 26 April 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 OF InNjUstice.
You entered active duty in the Marine Corps on 15 December
1967. You were awaiting a summary couort-martial for two
periods of unauthorized absence totaling 12 days and breaking
restriction, when you were convicted by civil authorities of
armed robbery. You were also charged with larceny of a
Cigarette lighter. You were then notified that your commanding
officer was recommending you for administrative separation with
an under conditions other than honorable (OTH) discharge due to
misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board
(ADB). On 1 August 1969, you received an under conditions OTH
discharge due to misconduct, 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,
remorse, and current desire for veterans’ benefits. The Board
concluded, however, that your discharge should not be upgraded
due to your serious acts of misconduct. The Board found that
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that no discharge is automatically upgraded due merely
to the passage of time or post service good conduct. In view
of the above, 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,
Executive Dx
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