DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 03932-11
14 June 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 14 June 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 entered active duty in the Marine Corps on 25 April 1972. On
31 July 1972, you entered an unauthorized absence (UA) status.
On 17 November 1972, you were in the hands of civil authorities.
On 27 February 1975, you were convicted in civil court of
burglary and sentenced to two to five years in a state prison.
While incarcerated, you were recommended for separation with an
other than honorable (OTH) discharge due to civil conviction.
You exercised your right to counsel and requested an
administrative discharge board (ADB). The ADB found that you had
committed misconduct (civil conviction) and recommended
separation with an OTH discharge. The separation authority
approved the recommendation and on 26 February 1976, you were
separated in absentia with an OTH discharge and an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that your characterization of service was
inequitable based on one isolated incident. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge due to the serious nature of
your civil conviction and lengthy period of UA. 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
WeAence or “SH Fhatter not previously considered by the Board.
‘In this’ régatd, it is important to keep in mind that a
presumption of #4@ularity 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 ‘prébable material error or injustice.
Sincerely,
Yan: "DEAN SS
Executive he
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