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NAVY | BCNR | CY2002 | 09312-02
Original file (09312-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 FC
Docket No: 09312-02
31 March 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 26 March 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 on 19 October 1984 at age 18. You then served without incident until 9 May 1985, when you were convicted by a special court-martial (SPCM) of stealing $423 from a fellow Marine. You were sentenced to confinement, reduction to paygrade E-1, forfeitures of pay, and a bad conduct discharge (BCD).
On 30 July 1985 you were released from confinement. On 1 August 1985 you were placed on appellate leave. That same day, the Navy Clemency and Parole Board denied your request for restoration. On 9 August 1985 the Navy Marine Corps Court of Military Review approved the sentence of the SPCM. On 29 November 1985 the Court of Military Appeals denied your petition for a grant of review. On 31 July 1987 you were discharged with the BCD adjudged by the S PCM.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as youth and immaturity, and the length of time that has passed since your discharge. The Board also considered your contention that important information was missing from your record at the time of the SPCM. However, the Board found that these factors and contention were not sufficient to warrant recharcterization of your discharge given the serious offense that led to your conviction by SPCM and the sentence to a BCD. The Board also noted that you provided no evidence to support your contention that information was missing at the time of your trial. 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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