DEPARTMENT OF THE NAVY
	BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 20370-5100

			SJN
										  Docket No: 09468-06 
                                                        1 May 2007

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 2 May 2007. 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 13 November 1990 at age 18 and served without incident for over two years. on 8 July 1993 you made voluntary statement in which you confessed to felonious breaking and entering, larceny and possession of stolen property.

Although the record in not complete, it appears that on 14 July 1993 you were in the hands of civilian authorities pending the above mentioned offenses. As a result of your confession and subsequent arrest, on 2 May 1994 administrative discharge action was then initiated by reason of misconduct due to commission of a serious offense. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB).

Your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 23 May 1994 the discharge authority directed an other than honorable discharge by reason of misconduct due to commission of a serious offense. On 24 May 1994 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall period of service, and the character letter accompanying your application. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge or reenlistment code given your involvement with civil authorities which led to your incarceration after you confessed to committing serious crimes. Further, you were given an opportunity to rebut the charges at an ADB, but declined to do so. 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 PFIEFFER
						Executive Director

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