DEPARTMENT OF
THE NAVY
CORRECTl:N OF NAVAL RECORD
BOARD FOR
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
11 July 2001
3954-00
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 10 July 2001.
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, and applicable statutes,
Your allegations of error and
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.
On 15 January 1992 you were convicted by a special
The Board was unable to obtain your service record and conducted
its review based on the decisional document prepared by the Naval
Discharge Review Board.
That document shows that you reenlisted
in the Marine Corps in the rank of GYSGT (E-7) on 7 June 1991 for
two years.
court-martial of the theft of a bow and accessories valued at
$119.
The court sentenced you to reduction to pay grade E-l and
a bad conduct discharge.
Apparently, you began appellate leave
shortly after the court-martial and remained in that status until
the bad conduct discharge was issued.
that the findings and sentence of the court-martial were
subsequently affirmed on appellate review.
discharge was issued on 5 December 1994.
that at the time of discharge you had completed 18 years, 7
months and 28 days of active service and about five and a half
years of reserve service.
The NDRB document shows
The DD Form 214 shows
The bad conduct
In its review of your application the Board carefully weighed all
potentially mitigating factors,
honorable service and your contention, in effect, that the
punishment was too severe and you should have been allowed to
retire.
not sufficient to warrant recharacterization of your discharge
The Board found that these factors and contentions were
such as your many years of
given your conviction by court-martial of a serious offense.
There is no evidence in the NDRB decisional document to show that
the length of service computation shown on the DD Form 214 is in
error.
eligible at the time the bad conduct discharge was issued.
Board concluded that the discharge was proper as issued and no
change is warranted.
Therefore, it does not appear that you were retirement
The
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
2
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