DEPARTMENT OF THE NAVY
_ BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 6611-13
9 July 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 8 July 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 naval record and applicable statutes,
regulations and policies. The Board also considered the report
of the Naval Discharge Review Board dated 8 November 1979, a
copy of which is enclosed.
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.
You enlisted in the Marine Corps and entered a period of active
duty on 3 November 1972. You were convicted by civil
authorities of robbery and sentenced to five years of
confinement. You were then notified of pending administrative
separation processing with an under other than honorable (OTH)
conditions characterization of service due to misconduct. You
elected to exercise your procedural right to have your case
considered by an administrative discharge board (ADB). The ADB
found that you had committed misconduct, and recommended that
you receive an OTH characterization of service. On 18 September
1975, you were 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 your youth and
current desire to upgrade your characterization of service.
However, the Board concluded that your discharge should not be
changed due to the serious nature of your 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,
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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