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NAVY | BCNR | CY2011 | 02878-11
Original file (02878-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5106

 

BUG
Docket No: 2878-11
8 December 2011

 

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 6 December 2011. 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 and entered active duty on 30
December 1996. On 27 January 1999, you were convicted at a
general court-martial of underage consumption of alcoholic
beverages, housebreaking, and indecent assault. Your sentence
included a dishonorable discharge (DD). On 21 February 2001,
after appellate review, you received the DD.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
remorse. However, the Board concluded that your DD should not
be changed due to your serious acts of misconduct. You are
advised that no discharge is upgraded due solely to the passage
of time or post service good conduct. In view of the above,
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,

Ly. Dewtp

W. DEAN PRAITFRER
Executive Dir Ne

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