DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 736-12
25 October 2012
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 23 October 2012. The names and votes of the
members of the panel will be furnished upon request. 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 Marine Corps on 2 September 1966 at age 17
and served for about six months without disciplinary infraction.
However, on 31 March 1967, you were apprehended by civil
authorities on charges of robbery and kidnapping for the purpose
of robbery. Shortly thereafter, on 21 June 1967, you were
convicted by civil authorities of first degree robbery and
sentenced to confinement at a California Youth Authority facility
for one year and probation for a year Subsequently, you were
notified of pending administrative separation by reason of
misconduct due to civil conviction. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). On 5 September 1967
your commanding officer recommended an undesirable discharge by
reason of misconduct due to civilian conviction. On 28 November
1967 the discharge authority approved this recommendation and
directed your commanding officer to issue you an undesirable
discharge by reason of misconduct due to civil conviction, and on
9 December 1967, while in custody of civil authorities, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, resume’, and desire to upgrade
the characterization of your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct in the civil community. Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Finally, no
discharge is automatically upgraded due solely to an individual's
good post service conduct. Accordingly, your application has
been denied.
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,
ROBERT D. SALMAN
Acting Executive Director
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