DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE [001
ARLINGTON, VA 22204-2490 ¢
TIR .
Docket No: 1998-14
23 March 2015
This is in reference to your application for correction of your
- .naval record pursuant. to the provisions of aitie 10, United
States Code, Section 1552.
Although your application was not filed. in a timely manner, the
_ Board found. it in. the interest of justice to waive the statute of
. limitations and consider your. application on its merits. A
‘three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17
March 2015. 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
' £0 establish the ‘existence of probable material error or
injustice.
You reenlisted ‘in the Marine corps. on ‘29 March 1964, and’ served
. without .disciplinary incident until’ 22- February 1967, when you
| : Feceived nonjudicial punishment {NJP) -for wrongful: possession of
alcoholic beverages in’ quarters. “During the period from 21 to 18
‘Oétober"1967, You were in an unduthorized absence (UA) status for _
seven days. During this peried of ‘UA, you were apprehended by °
civil authorities on charges of homicide and two counts of
Basaule with a deadly weapon.’ .
ais, © mots
prea .
on 15. ‘February: 1968 ,° you received’ ‘your second NIP for a seven day
period of UA, disobedience, solicitation, and dereliction of
duty. About three months later, on 27 May. 1968, you were
convicted ‘by. civil authorities of second degree mundo and
sentenced: te: confinement for 13 to AS years
Subsequently, you were administratively processed for separation
by reason of misconduct due to civil conviction. After
consulting with legal counsel, you elected your rights to present
your case to an administrative discharge board (ADB) and to
submit a statement in support of your case. In this regard, you
submitted a request for a general discharge based on your overall
record of service, -However,; an ADB and your commanding officer
*recommended separation under other than honorable conditions by |
reason of misconduct due to civil conviction. In February 1969,
the discharge authority approved these recommendations and
directed an other than honorable discharge by reason of
misconduct. On 27 March 1969, while in the 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 desire to upgrade your discharge because it was the result
_.of a civil offense, not a military offense. Nevertheless, the
Board concluded these factors were not sufficient to warrant .
relief in your case because of the seriousness of your misconduct
in both the military and civilian communities. 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 hew and material _
‘evidence or other.matter not previously considered by the Board
within one year from the date of the Board's decision. 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, -
Executive Director
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