DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 608-05
24 October 2005
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 18
October 2005. 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 6 September 1988 at age 18 and
served without disciplinary incident until 2 February 1989, when you
received nonjudicial punishment (NJP) for wrongful possession of
alcohol and were awarded a $150 forfeiture of pay, a portion of which
was suspended for six months, and restriction and extra duty for 14
days.
On 4, 6, and 25 May 1990 you received NJP for disrespect, absence
from your appointed place of duty, breaking restriction, and wrongful
use of marijuana.
On 2 June 1990 you were notified of pending administrative separation
action by reason of misconduct due to a pattern of misconduct. After
consulting with legal counsel, you waived your right to present your
case to an administrative discharge board.
Subsequently, your commanding officer recommended separation under other
than honorable conditions by reason of misconduct due to a pattern of
misconduct. On 7 July 1990 the discharge authority approved this
recommendation and directed discharge under other than honorable
conditions, and on 26 August 1990 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 and post
service conduct. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge because of the
seriousness of your misconduct, which included the wrongful use of drugs
and alcohol. 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,
2
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