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

CRS
Docket No: 157-07
21 March 2008

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 March 2008. 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 16 October 1985. You received three nonjudicial punishments. The offenses included drunk driving, leaving the scene of an accident, driving with no license, willful disobedience of a lawful order, an unauthorized absence, failure to go to appointed place of duty, and failure to obey a lawful order.

A special court-martial convened on 24 April 1989 and found you guilty of an unauthorized absence, disrespect, use of marijuana and methamphetamine, and wrongful appropriation of military property. The court sentenced you to confinement for 60 days, forfeiture of $300 per month for two months, reduction in rank, and a bad conduct discharge. You were discharged with a bad conduct discharge on 16 August 1991.

In its review of your application the Board carefully weighed all Potentially mitigating factors, such as the contentions that the sentence of the court-martial was unfair and that you were attending drug and alcohol treatment when you were discharged. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given the nature and severity of your offenses and you have provided none, that you were discharged during your drug and alcohol treatment or that it had any impact on your discharge. 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 PFEIFFER
  Executive Director