DEPAR
BOARD FOR CORRE oO FNAVAL RECORDS
761 5. COURTHOUSE AD. SUITE 108%
ARLINGTON, VA 22204-2490
TUR
Docket No: 4394-14/
2734-99
17 October 2014
pear We
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 October 2014. The names and votes of the
members of the panel will be furnishecd 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
to establish the existence of probable material error or
injustice. an
You enlisted in’the Marine Corps and began a period of active
duty on 20 January 1968. You gerved for a year and two months
without disciplinary incident, but during the period from 7 April
to 24 February 1970, you received nonjudicial punishment (NIP) on
three occasions. and were cohvicted by civil authorities. Your
offenses were failure to-go to your appointed place of duty,
absent from your appointed place of duty, failure to obey a
lawful order, and robbery. me 23
Subsequently, you were notified. of pending administrative
separation by reason of misconduct due to conviction by civil
authorities at’ which time you elected your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). An ADB and your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to civil conviction. The
discharge authority approved these recommendations and directed
separation under other than honorable conditions by reason of
misconduct, and on 13 January 1971 you were 50 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, assertion of a post-
traumatic stress disorder, and the documents regarding your
behavioral health progress notes/medication therapy plan dated
1999, Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repeated misconduct. 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 new and material
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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. ,
Sincepely,
ROBERT J. O'NETLG
Executive Director
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