DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 5554-12
26 June 2013
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 19 June 2013. 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.
The Board found that you enlisted in the Marine Corps on 18
September. 1990. On 7 October 1995 you were convicted by civil
authorities of a drunk driving felony and collision with
injuries. The court sentenced you to confinement for 28 months
and fined you $34,506.00 in restitution to the two victims.
On 4 January 1996 a summary court-martial convened and found you
guilty of operating a vehicle while driving privileges were
suspended, resisting apprehension, ripping a telephone off the
wall, and assault, and-sentenced you to confinement for 30 days,
forfeiture of $868.00, and reduction in rank.
On 6 May 1996 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to the commission of a serious
offense. After review by the discharge authority, the
recommendation for separation was approved and on 31 May 1996 you
were separated with a discharge under other than honorable
conditions -by reason of misconduct due to the commission of a
serious offense.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and post
service conduct. The Board concluded that these factors were
insufficient to warrant upgrade of your discharge, given the
seriousness of your offenses. 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,
WW Noo. Tae:
W. DEAN PFEIRFE
Executive Diréc
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