DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6077-08
5 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 4 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 January 1990, you enlisted in the Marine Corps at age
24. You subsequently participated in Operations Desert Shield
and Storm. On 6 February 1992, you were convicted by a general
court-martial (GCM) of conspiring to commit larceny of
government property valued at $83,626.20, authorizing disposal
of government property worth $31,962.50, authorizing disposal
of government property worth $51,663.70, stealing government
property worth $31,962.50, and stealing government property
worth $51,663.70. Your sentence included forfeitures of pay
and allowances, reduction in rank, confinement, anda
dishonorable discharge (DD). A portion of your sentence was
subsequently reduced and suspended. On 9 November 1992, your
requests for clemency and restoration to duty were denied.
After the DD was approved at all levels of review, on
10 March 1995, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and participation in Operations Desert Shield and Storm. The
Board also considered your belief that your DD is too harsh and
contention that you did not receive proper representation by
your military counsel. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing the
reason for separation or recharacterization of your discharge
due to the seriousness of your misconduct. Furthermore, the
Board found that your misconduct did warrant a DD. Regarding
your contention, there is no evidence in the record to support
it. Therefore, the Board concluded that the discharge was
proper as issued 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.
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,
\y ,
A
W. DEAN
Executive Di yr
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