DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6798-01
20 March 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1 5 5 2 .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 March 2002. 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.
The Board found you enlisted in the Marine Corps on 22 May 1981
at the age of 19. Your record reflects that you served for a
year and five months without disciplinary incident but on 20
October 1982 you received nonjudicial punishment (NJP) for
failure to obey a lawful order, disrespect, assault, and
cormunicating a threat. The punishment imposed was extra duty
and restriction for 14 days and a $155 forfeiture of pay.
Your record further reflects that on 21 March 1984 you were
convicted by special court-martial (SPCM) of three specifications
of assault. You were sentenced to confinement at hard labor for
75 days, reduction to paygrade E-1, a $600 forfeiture of pay, and
a bad conduct discharge (BCD). On 27 April 1984 you submitted a
written request for restoration to duty. However, this request
was subsequently denied, and after the BCD was approved at all
levels of review, you were so discharged on 31 December 1984.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, and your contentions that you were
unable to provide witnesses during your court-martial and that
the BCD is excessive punishment because other Marines who were
convicted by courts-martial were retained in the Marine Corps.
However, the Board concluded these factors and contentions were
not sufficient to warrant recharacterization of your discharge
because of your serious misconduct, specifically, four
specifications of assault. Further, the Board noted that there
is no evidence in the record, and you submitted none, to support
your contentions. Given all the circumstances of your case, the
Board concluded your discharge was proper as issued and no change
is warranted. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request .
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
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