DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3623-12
21 February 2013
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 20 February 2013. The names and votes of the
members of the panel will be furnished upon request. 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 reenlisted in the Marine Corps on 9 November 1993 after
nearly eight years of prior satisfactory service. Your record
reflects that you served without disciplinary infraction until 7
July 1994 at which time you began to abuse an underage child,
specifically, your step-daughter.
As a result of the foregoing, on 2 June 1996, you were convicted
by general court-martial (GCM) of three specifications of rape of
an underage child, two specifications of failure to obey a lawful
order, four specifications of sodomy on an underage child, two
specifications of indecent acts with an underage child, and
indecent liberties with an underage child. You were sentenced to
confinement for 30 years, reduction to paygrade E-1, forfeiture
of all allowances and pay, and a dishonorable discharge (DD).
Subsequently, the DD was approved at all levels of review, and on
9 April 1999, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to upgrade your
discharge. It also considered your assertion that your
Certificate of Release or Discharge from Active Duty (DD Form
214) is incorrect in that it reflects the wrong discharge date.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct. Accordingly, your application has
been denied.
The Board noted that you may wish to contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs (M&RA) Department, Separation Section, 3280
Russell Road, Quantico, VA 22134-5103 to request administrative
corrections and the reissuance of your DD Form 214, if warranted.
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,
IN wae
W. DEAN
Executive D xr
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