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NAVY | BCNR | CY2013 | NR4220-13
Original file (NR4220-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

. CRS ae
Docket No: 4220-13
19 February 2014

 

“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 11 December 2013. 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.

The Board found that you enlisted in che Marine Corps on. B July

1970. You received nonjudicial punishment on three occasions ©
‘and were convicted by a special court-martial of an- unauthorized
- absence, violation of a lawful- order, disobedience of a lawful

“order, and absence ‘from your appointed place’ of duty on two
_occasions..

on 18 ‘June 1973 you were convicted by ‘civil: authorities of
felonious breaking and: entering and felonious larceny on two

- occasions. - The court sentenced you to confinement for five to

seven years.
You were notified that you were being administratively separated
with an undesirable characterization of service due to your
civil conviction. You exercised. your procedural right to have -
your case heard by an administrative discharge board.

On 19 February 1974 an administrative discharge board

‘recommended that you be separated with an undesirable discharge

by reason of misconduct due to civil conviction. You were
discharged with an undesirable discharge on 14 March 1974.

The Board carefully considered your allegation that your civil
court conviction was dismissed in 1985. However, the Board
particularly noted that you submitted no evidence to support
your allegation. Accordingly, and as you have not demonstrated
that your discharge is erroneous or unjust, 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, ©
TB

ROBERT D. ZSALMAN
Acting Executive Director

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