DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 13332-09
16 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 15 September 2010. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 7 June 1994, at age 17. On
2 October 1994, you were arrested by civilian authorities and
charged with felony criminal sexual assault. You were tried and
sentenced to 75 days confinement, fined $300, and were placed on
five years probation. On 29 November 1994, you received
nonjudicial punishment (NJP) for being in an unauthorized absence
(UA) status for 18 days. On 12 January 1995, your commanding
officer recommended that you receive an other than honorable
(OTH) discharge by reason of misconduct. Subsequently, your case
was forwarded, and on 24 February 1995, the discharge authority
approved the recommendation for an OTH discharge. You were so
discharged on 2 March 1995.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in one NUP, a civilian
criminal conviction and confinement. 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 PF]
Executive
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