DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No: 1405-01
15 August 2001
--
Dear
This is in reference to your
naval record pursuant to the
States Code section 1552.
application for correction of your
provisions of Title 10 of the United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 August 2001.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 6 September 1974 for four
years and subsequently extended that enlistment for 11 months.
The record shows that you then served in an excellent manner for
over four years.
However, sometime prior to the expiration of
your enlistment in 1979, you were arrested by civil authorities
and subsequently convicted of murder.
For some reason, no action was taken in your case until 18
February 1983, when you were notified of separation processing by
reason of misconduct due to your conviction by civil authorities.
An administrative discharge board met on 16 September 1983 and
found that you had committed misconduct which warranted discharge
under other than honorable conditions.
A staff judge advocate
found the case against you sufficient in law and fact, and noted
that you had been convicted of murder and sentenced to 20 years
imprisonment.
Subsequently, the discharge authority directed
discharge under other than honorable conditions and you were so
discharged on 11 October 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service, respect for the Marine Corps and desire for a
such as your period of good
recharacterized discharge.
were not sufficient to warrant recharacterization of your
discharge given your conviction by civil authorities of murder.
The Board concluded that the discharge was proper as issued and
no change is warranted.
The Board found that these factors
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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,
W. DEAN PFEIFFER
Executive Director
copy to:
The American Legion
2
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