DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
BJG
Docket No: 9726-02
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. In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps, dated 11 March 2003, a copy of which is
attached.
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. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. The Board did not consider removing your conviction by a spaid
court-martial from the record, since the Board has no such authority. However, your
sentence was reviewed as a matter of clemency, but the Board found that it was appropriate
and should not be changed. 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 PFETFFER
Executive Director
Enclosure
Copy to:
The Honorable Chris John
T
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DEPARTMENT OF THE N A W
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAW ANNEX
WASHINGTON, DC 20380-1775
IN REPLY REFER TO:
1070
JAM4
MAR 1 1 Zoo3
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: BOARD FOR CO
PLICATION
1. We are asked to provide an opinion on Petitioner's request
to remove from his Service Record Book (SRB) and Official
Military Personnel File (OMPF) all entries relating to his 19
October 1993 special courts-martial conviction for carnal
knowledge, in violation of Article 120, Uniform Code of Military
Justice (UCMJ) .
2. We recommend that Petitioner's request for relief be denied.
Our analysis follows.
3. Background
a. On 19 October 1993, Petitioner was convicted, in
accordance with his guilty plea, by special court-martial of
carnal knowledge, in violation of Article 120, UCMJ. The
military judge adjudged the following sentence: 180 days
confinement, forfeiture of $543.00 pay per month for 6 months,
reduction to private (paygrade E-l), and a bad conduct
discharge.
b. On 20 March 1994, the Commanding Officer, 3d Battalion,
1st Marines, approved the findings and ordered t:he semk e n r e
executed, except that he suspended that portion of the sentence
adjudging a bad conduct discharge.
c. On 23 April 1999, Petitioner was released from active
duty upon completion of required active service. His service
was characterized as Honorable.
4. Analysis. petitioner requests removal of his special court-
martial conviction in order to facilitate his civilian
employment. Petitioner claims that the records should be
removed because he was allowed to continue to serve on active
duty following his conviction, was Honorably discharged, and has
since enlisted in the U.S. Army, Reserve. petitioner's claims
are without merit.
Subj: BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) APPLICATION
a. Petitioner does not claim factual innocence or any legal
error in the findings or sentence of his special court-martial.
Petitioner's appeal for equitable relief without demonstrated
error or injustice is not cognizable by the Board.
b. Paragraph 4008, Marine Corps Individual Records
Administration Manual (IRAM), requires records of conviction by
court-martial to be prepared and documented on page 13 of the
SRB. The suspension of the bad-conduct discharge and
Petitioner's subsequent Honorable discharge obviously do not
change the historical fact of Petitioner's conviction.
c. Adverse consequences result from criminal convictions by
design.
5. Conclusion. Accordingly, we recommend that Petitioner's
requested relief be denied.
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