DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 6477-02
13 September 2002
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the 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 5 September 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. The Board found that you served on active duty in the Marine Corps from 20 April
1998 to 29 January 2001, when you were discharged with a bad conduct discharge, pursuant
to your conviction by court-martial of conspiracy to commit an aggravated assault, and
assaulting another Marine with a means or force likely to produce grievous bodily harm.
There is no indication in the available records that you lacked mental responsibility for your
misconduct, or were suffering from symptoms of Huntington ’s disease during your period of
service in the Marine Corps.
discharge was erroneous or unjust, and that you were unfit for service by reason of a physical
disability incurred in or aggravated by your military service, the Board was unable to
recommend any corrective action in your case.
Accordingly, your application has been
denied. The names and votes of the members of the panel will be furnished upon request.
In the absence of evidence which demonstrates that your
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.
important to keep in mind
that a presumption of regularity attaches to all official records.
In this regard, it is
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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