DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL 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
CRS
d q Docket No: 8605-02
23 July 2003
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 16 July 2003. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps Reserve on
9 May 1987. You reported for initial active duty for training on
19 February 1988. On 4 August 1988 you were released from active
duty and assigned to a Marine Corps Reserve unit. On 5 September
1991 you failed to report when your Reserve unit was ordered to
active duty.
A general court-martial convened on 26 November 1991 and found
you guilty of desertion from 24 January to 28 August 1991 and
missing movement. The court sentenced you to confinement for 12
months, forfeiture of all pay and allowances, reduction in rate,
and a dishonorable discharge. You received the dishonorable
discharge on 21 March 1995.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that your court-martial was improper.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of the offenses. In this regard, the Board is
prohibited by law from reviewing the findings of a court-martial
and must restrict its review to determine if the sentence of the
court-martial should be reduced as a matter of clemency. Based
on the foregoing, the Board concluded that no change to the
discharge 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,
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