DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8555-06
11 July 2007
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 11 July 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 28 June 1988 at age 20. You
served for one year and three months without disciplinary
incident, but during the period from 6 September 1989 to 2 May
1991 you received nonjudicial punishment (NUP) on three occasions
for disobedience, using provoking speech, disrespect, two
specifications of failure to obey a lawful order, and failure to
go to your appointed place of duty.
On 19 June 1991 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
9 July 1991 an ADB recommended separation under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. On 7 August 1991 your commanding officer also
recommended a discharge under other than honorable conditions by
reason of misconduct. The discharge authority approved these
recommendation and directed separation under other than honorable
conditions, and on 27 September 1991 you were so discharged and
were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and character reference letters. It also considered
your assertion that your commanding officer was guilty of the
same offenses which resulted in your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of the
reenlistment code because of the seriousness of your repetitive
misconduct, which resulted in three NUPs. Finally, the Board
noted that there is no evidence in the record, and you submitted
none, to support your assertion. 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,
LoS nade 1)
W. DEAN FENXER
TY
Executive Ri tor
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