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

RDZ : ecb
Docket No. 10507-07
26 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 25 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.

You enlisted in the Marine Corps on 28 May 1991 at age 17. On 16 April 1993, pursuant to your pleas of guilty you were convicted by special court-martial of failure to go your appointed place of duty, disobedience of a non-commissioned officer’s order, theft of property belonging to the Army and Air Force Exchange valued at $91.95, threatening a non-commissioned officer, theft of a television set and video cartridges and games belonging to another Marine valued at $100.00 and unlawfully entering a barracks with the intent to commit larceny. You were sentenced to a bad conduct discharge (BCD) and 120 days of confinement which was later reduced to 30 days of confinement. You received your BCD on 18 October 1994.

Prior to the offenses for which you were awarded a BCD you received three non-judicial punishments for unauthorized absence, two instances of disobedience of orders and wrongful appropriation of another Marine’s personal clothing.

In its review of your application the Board considered all potentially mitigating factors including your youth at enlistment and your remorse for having committed these crimes. Nevertheless these factors cannot overcome the serious and repetitious nature of the offenses that resulted in your receiving a BCD as well as your prior disciplinary record of three non-judicial punishments.

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