DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7227-13
13 August 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 12 August 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.
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 and began a period of active
duty on 7 September 1973. The Board found that on 8 July 1974,
you began a period of unauthorized absence that lasted 15 days,
ending with your apprehension by civil authorities on 23 July
1974, for breaking and entering a dwelling with the intent to
commit a felony. On 6 November 1974, you were convicted and
sentenced to four years of probation. On 7 March 1975, you were
apprehended by civil authorities and charged with committing a
lewd and lascivious act with a 12 year old girl. On 26 March
1975, administrative discharge action was initiated due to your
civil conviction of breaking and entering a dwelling. It was
recommended that you receive an undesirable discharge by reason
of unfitness. You elected to have your case decided by an
administrative discharged board (ADB). On 21 May 1975, you
appeared in court and pled guilty to committing a lewd and
lascivious act with a minor, and sentencing was scheduled for a
later date. On 2 June 1975, an ADB recommended that you be
discharged from the service with an undesirable discharge due to
unfitness. Subsequently, your case was forwarded and you
received an undesirable discharge on 11 July 1975,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, desire to upgrade your discharge and contention that you
were not medically fit to serve in the Marine Corps. .
Nevertheless, the Board concluded these factors were not
spfficient to warrant recharacterization of your discharge given
your convictions: by cig authorities of very serious offenses.
Concerning your contention, there is no evidence in the record to
support it, and you submitted no such evidence. Accordingly, —
your application has been denied. The names and votes of the
members of the panel will be furnished upon request,
fe 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,
(Sd a
ROBERT D. Z2SALMAN
Acting Executive Director
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