DEPARTMENT OF THE N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 10956-02
15 October 2003
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 8 October 2003. 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 11 October 1983 at age 19.
You served without disciplinary incident until 2 January 1985
when you received nonjudicial punishment (NJP) for four
specifications of failure to obey a lawful order and a three day
period of unauthorized absence (UA) . The punishment imposed was
a $156 forfeiture of pay and correctional custody for seven days,
which was suspended for six months.
On 27 May 1986 you were convicted by summary court-martial (SCM)
of 15 specifications of uttering checks in the amount of $467.19.
You were sentenced to a $400 forfeiture of pay, restriction for
60 days, and reduction to paygrade E-1. Thirty days of the
restriction and the paygrade reduction were suspended for six
months. However, on 18 December 1986, this suspended sentence
was vacated due to your continued misconduct, specifically, a
four day period of UA. On 22 December 1986 you were notified
that administrative separation action had been initiated by
reason of misconduct.
On 9 January 1987 you received NJP for absence from your
appointed place of duty, two periods of UA totalling four days,
failure to go to your appointed place of duty, and disobedience.
The punishment imposed was a $149 forfeiture of pay and
restriction for 14 days.
Subsequently, on 14 February 1987, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board. Your commanding officer
recommended separation by reason of misconduct due to a pattern
of misconduct and on 18 March 1987 the discharge authority
directed an other than honorable discharge. On 1 April 1987 you
received an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your assertion that you will soon
be on parole and would like your discharge upgraded to better
your chances for a successful future. It also considered your
contention that it is an injustice for you to continue to suffer
the consequences of a bad discharge. Nevertheless, the Board
concluded recharacterization of your discharge was not warranted
because of your serious repetitive misconduct which resulted in
two NJPs and a court-martial conviction. 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 a l l o f f i c i a l . 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.
Executive ' Di
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