DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 5717-02
28 January 2003
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 23 January 2003.
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.
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 reenlisted in the Marine Corps on 3 February 1995 after more
than 10 years of prior honorable service.
extended your enlistment for a period of 18 months.
On 3 February 1999 you
On 2 March 2000 you were counselled regarding borrowing money,
indebtedness, and gambling.
On 9 March 2000 you submitted a
rebuttal to the foregoing
counselling in which you stated, in
part, that you did not borrow money.
On 4 April 2000 you received nonjudicial punishment (NJP) for one
day of unauthorized absence (UA) and were awarded restriction for
two months and a forfeiture of $2,556, all of which was suspended
for six months.
court-martial (SCM) of three periods of failure to go to your
appointed place of duty and disrespect.
restriction for 60 days,
a reduction in rank from gunnery sergeant (GYSGT/(E-7) to
On 16 June 2000 you were convicted by summary
which was suspended for six months, and
You were sentenced to
On 27 June 2000 you submitted a written 'request
SSGT/(E-6).
mast' stating, in part, that the SCM was illegal and unfair, and
that the charges
unfounded.
applicable regulation states, in part, as follows:
of.which you were convicted by SCM were
However, your request was denied because the
Request mast is not intended to be used as a means to
, or
collaterally attack the proceedings, punishment
findings and sentence resulting from disciplinary action
brought under the Uniform Code of Military Justice
(UCMJ).
On 3 August 2000 you extended your enlistment for 13 months.
Approximately six months later,
NJP for drunken and reckless driving and driving under the
influence of alcohol.
forfeiture of pay.
The punishment awarded was a $2,000
on 12 February 2001, you received
On 28 February 2002, while serving still in the rank of SSGT, you
were honorably released from active duty and transferred to the
Fleet Marine Corps Reserve.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and the contention that you were
unjustly reduced in rank due to an illegal court-martial. It
further considered your request for reinstatement to GYSGT and to
have your record expunged of derogatory material.
Nevertheless,
the Board concluded these factors and contention were not
sufficient to warrant reinstatement to GYSGT or removal of the
court-martial from your record.
authority to review the findings of guilt in courts-martial and
must limit its review to determining whether the sentence should
be modified as a matter of clemency.
The Board concluded that
given the nature of the offenses of which you were convicted at
SCM, and the
not warranted.
The names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
NJPs, reinstatement to GYSGT was
Further, the Board has no
counselling and two
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.
2
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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