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NAVY | BCNR | CY2008 | 01228-08
Original file (01228-08.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100



 RDZ : ecb
 Docket No. 01228-08
27 March 2008





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 25 March 2008. 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.
You enlisted in the Marine Corps on 14 June 1994 at age 18. On 28 February 1996 you were convicted by special court-martial of attempted theft of clothing from a department store, two instances of conspiring with another Marine to commit larceny, theft of an Armed Forces identification card, theft of another Marine’s checkbook, theft of clothes from a department store valued at $2,141.00, forging the signature of another Marine on a bank card and two instances of uttering a check with the intent to defraud. As a result you were reduced to private, confined at hard labor for 120 days and awarded a bad conduct discharge (BCD)
In its review of your application the Board considered all potentially mitigating matters such as your youth, post service conduct, the letters you submitted in support of your request for a change of discharge and your remorse for your misconduct. Nevertheless in view of the serious nature of your repeated acts of misconduct the Board could find no error or injustice upon which to recommend relief.
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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