DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No: 4528-99
14 June 2000
/
Dear
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 7 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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.
The Board found that you enlisted in the Marine Corps on 5 June
1978 at age 17.
punishment for an absence from your appointed place of duty and
disobedience.
rehabilitation program.
On 23 January 1980 you completed an alcohol
On 4 October 1979 you received nonjudicial
On 19 February 1980 you were arrested by civil authorities on
charges of aggravated assault and kidnapping.
However,
were subsequently convicted on both of these charges.
it appears that you were only sentenced to five years probation.
On 16 September 1980 you were released by civil authorities.
Apparently, you
Based on your conviction by civil authorities, you were processed
for an administrative discharge.
processing, you elected to waive your right to have your case
heard by an administrative discharge board.
the discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with a
discharge under other than honorable conditions.
You were so
discharged on 24 October 1980.
In connection with this
On 16 October 1980
such as your youth and the
You state in your application that the record is in
In its review of your application the Board carefully weighed all
potentially mitigating factors,
documentation you submitted showing that on 1 July 1985 the court
dismissed the conviction and restored all of your civil rights.
The only offense mentioned in the court order is the kidnapping
offense.
error because the aggravated assault charge was dropped.
contend, in effect, that discharge due to the civil conviction is
The
unjust because the civil conviction has now been expunged.
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your conviction by civil authorities of serious offenses.
is no documentation in the record, and you have submitted none,
showing that the aggravated assault charge was dropped.
the Board believed that even if this were true, the remaining
Your service
charge was sufficient to support your discharge.
record shows that you were convicted by civil authorities and the
subsequent action of a state court to expunge the conviction does
not change your military record.
noted that it does not appear that the expungement action was
taken due to your innocence of the charge, but only as a matter
of clemency.
The Board concluded that the discharge was proper
as issued and no change is warranted.
Along these lines, the Board
You
There
However,
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
You are entitled to have the
favorable action cannot be taken.
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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