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NAVY | BCNR | CY2002 | 00931-02
Original file (00931-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 931-02
18 July 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 16 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together 
thereof, your naval record,
and policies.

Documentary material considered by the Board consisted of
trith all material submitted in support
and applicable statutes, regulations,

Your allegations of error and

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.

You enlisted in the Marine Corps on 16 June 1978 at the age of
19.
On 7 November 1978 you received nonjudicial punishment (NJP)
for cheating on an examination and were awarded a $100 forfeiture
of pay.

On 12 August 1980 you were convicted by special court-martial
(SPCM) of two incidents of larceny in the amount of $55. You
were sentenced to confinement at hard labor for six months,
paygrade  E-l, and a $1,200 forfeiture of pay, half
reduction to 
of which was suspended for six months.
later, on 22 January 1981, you received NJP for an 11 day period
of unauthorized absence (UA) and were awarded a $50 detention of
pay.
On 26 March 1981 you were convicted by SPCM of two incidents of
larceny in the amount of $310,
government vehicle, and communicating a threat.
sentenced to confinement at hard labor for two months, a $668
forfeiture of pay, and a bad conduct discharge (BCD).
confinement you submitted a written request for a general

wrongful appropriation of a
You were

While in

Approximately four months

discharge.
However, this request
approved at all levels of review.
discharged.

was denied and the BCD was
On 30 May 1985 you were so

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and character reference letters. It
also noted a report from the Federal Bureau of Investigation
(FBI) which states that on  14 March 1997 you were convicted by
civil authorities of theft.
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 two  
convictions.

NJPs and two court-martial
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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