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NAVY | BCNR | CY2001 | 06798-01
Original file (06798-01.pdf) Auto-classification: Denied
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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