DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4391-13
7 April 2014
This is in reference to your application for correction of your
late husband's 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 1 April 2014.. 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 husband’s 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.
Your husband enlisted in the Marine Corps and entered a period
_ of active duty on 27 February 1968. He was convicted by civil
authorities of armed robbery and sentenced to two to five years
of confinement. He was then notified of pending administrative
separation processing with an under other than honorable (OTH)
conditions characterization of service due to misconduct. He
elected to exercise his procedural right to have his case
considered by an administrative discharge board (ADB). The ADB
met, found that’ he had committed misconduct, and recommended
that he receive an OTH characterization of service. On 7
November 1969, he was discharged with an OTH characterization of
service due to misconduct, and 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 his youth and your
current desire to upgrade his characterization of service.
However, the Board concluded that hig discharge should not be
changed due to the serious nature of his 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 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,
7 ek S OO
ROBERT D. ZSALMAN
Acting Executive Director
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