DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5923-08
27 March 2009
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 2009. 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.
On 23 June 1983, you accepted an appointment as a commissioned
officer in the Marine Corps after three prior periods of
honorable service. You then served without incident until
18 October 1990, when you were convicted by a general court-
martial of two instances of fraternization and making a false
official statement. Your sentence included confinement,
forfeitures of pay, anda dismissal. After the court-martial
findings and sentence were approved at all levels of review, on
12 September 1993, you were dismissed.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior
periods of honorable service and your explanation of your
offenses. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your last
period of service due to the seriousness of your misconduct as
a commissioned officer and the circumstances of your offenses
for which you pled guilty. The Board also noted that you had a
pre-trial agreement. Therefore, the Board concluded that the
dismissal was proper and no change is warranted. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board noted that as a result of your prior periods of
honorable service, you may be eligible for veterans’ benefits.
You should contact the nearest office of the Department of
veterans Affairs if you desire clarification about your
eligibility for those benefits.
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. aeaN
Executive Director
Copy to:
The Honorable Richard Burr
The Honorable Elizabeth Dole
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