DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7157-01
9 April 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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 April 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 that on 16 August 1985, after about six years of
prior enlisted service in the Marine Corps, you were appointed a
second lieutenant in the Marine Corps Reserve and continued to
serve on active duty. On 20 June 1988 you were re-appointed as a
first lieutenant in the Regular Marine Corps. Your record
reflects that you then continued to serve for about seven years
without disciplinary incident. During this period you were
promoted to captain and received two awards of the Navy
Achievement Medal. On 20 May 1995, you were apprehended by
military authorities due to domestic assault. On 1 December 1995
you were convicted by general court-martial (GCM) of assault.
You were sentenced to a reprimand, restriction for 60 days, a
$5,355 forfeiture of pay, and your name was placed at the bottom
of the captain's list.
Your record further indicates that you were processed for an
involuntary administrative separation by reason of unacceptable
performance as evidenced by the GCM conviction. It further
appears that after a board of inquiry recommended discharge by
reason of u n a ~ c e p t a h l e p ~ r f n r m a n c e , the S e c r e t a r y of t h e N a v y
directed separation. The record clearly shows that on 8 July
1997 you received a general discharge by reason of unacceptable
conduct after nearly eighteen years of active service.
The Board, in its review of your entire record and application
the Board carefully weighed all potentially mitigating factors,
such as your prior honorable service and the fact that after more
than 17 years of faithful service you were discharged without
severance pay. The Board also considered your contentions that
other Marines who had committed more serious crimes were
honorably discharged, and that you believe you were singled out
and discharged because of your family problems. However, the
Board concluded these factors and contentions were not sufficient
to warrant recharacterization of your discharge because of the
serious nature of your misconduct which resulted in a GCM.
Further, individuals discharged by reason of misconduct are not
eligible for separation pay. Also, there is no evidence in the
record, and you submitted none, to support your contention of
unfair treatment. Given all the circumstances of your case, the
Board concluded the your discharge was proper and no changes are
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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