DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N b C 2 0 3 7 0 - 5 1 0 0
WMP
Docket No: 9552-02
23 April 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 23 April 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 31
August 1981 for four years at age 19. You served without
incident until 10 December 1983, when you failed to report to 2nd
Marine Corps Air Wing, Cherry Point, NC.
On 4 February 1984, you were arrested and held by civil
authorities for armed robbery and assault and battery with
intent to kill. On 27 February 1984 you were convicted of
aggravated assault and sentenced to 30 months confinement at
hard labor.
On 19 June 1994, at the direction of the Commandant of the
Marine Corps (CMC), you were notified that separation action
was being initiated by reason of misconduct due to civil
conviction. Although the documentation concerning your
election or waiver of procedural rights is missing, you were
delivered a copy of the proposed separation action on 10 July
1984 and firmly expressed your desire not to be retained in
the Marine Corps upon your release from civil confinement.
The commanding officer forwarded your discharge package to the
discharge authority recommending an other than honorable
discharge by reason of misconduct due to civil conviction which
was directed on 25 September 1984. On 23 October 1984, you were
so discharged.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity. However, the Board found that you were
appropriately discharged by reason of misconduct due to civil
conviction for your conviction by civil authorities of
aggravated assault. The Board concluded that this
characterization of service was appropriate because of the
seriousness of your civil conviction. 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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