DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 8775-01
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 17 July 2002.
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 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 on 5 April
1993.
convicted by civil authorities of use of tear gas and vandalism.
The court sentenced you to confinement for nine months.
The record reflects that on 30 April 1996 you were
On 2 August 1996 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense.
of the recommendation, you elected to waive the right to present
your case to an administrative discharge board.
the recommendation for separation was
the discharge authority,
approved and you were discharged on 2 August 2001 with an other
than honorable discharge.
After review by
When informed
its review of your application the Board carefully weighed all
In
potentially mitigating factors,
and the contention that the civil conviction has been dismissed
Bbard concluded that these factors
and cleared.
were not sufficient to warrant
such as your youth and immaturity
However, the
recharacterization of your
In this
discharge, given the seriousness of the
regard, the Board noted that the State of California has set
aside your conviction based on your compliance with the terms of
your probation.
that that you were properly convicted at the time and discharged
based on that conviction.
charge to the discharge is warranted.
application has been denied.
of the panel will be furnished upon request.
However, this action does not alter the fact
Therefore, the Board concluded that no
Offenses.
Accordingly, your
The names and votes of the members
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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