DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10055-06
5 April 2007
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 4 April 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.
On 14 December 1983 you enlisted in the Marine Corps at age 18
and served without incident for more than a year. However, on
4 January 1985 you were counseled regarding deficiencies in your
performance and conduct and warned that further infractions could
result in disciplinary action or administrative separation. On
23 October 1985 you were counseled regarding a belligerent
attitude and disrespect toward superior non-commissioned officers
and officers. On 11 December 1985 you were counseled regarding
17 bad checks totaling about $600 and a poor attitude. You were
also warned at that time that further infractions could result in
disciplinary action or an administrative separation. On
12 March 1986 you received nonjudicial punishment (NJP) for
disrespect, two instances of disobedience of a lawful order, and
failure to go to your appointed place of duty.
On 24 March 1986 your commanding officer (CO) initiated
administrative separation by reason of misconduct due to a
pattern of misconduct. In connection with this processing, you
acknowledged that separation could result in an other than
honorable discharge and waived the right to have your case heard
by an administrative discharge board (ADB). On 31 March 1986 the
separation authority approved the recommendation and directed an
other than honorable discharge by reason of misconduct due to a
pattern of misconduct. On 7 April 1986 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. The Board also considered your contention that you
did not understand the discharge that you received and that you
have been an outstanding citizen since discharge. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the
seriousness of your misconduct that continued even after you were
repeatedly warned that further infractions could result in
disciplinary action or administrative separation. Regarding your
contentions, the Board noted that you acknowledged that
separation could result in an other than honorable discharge, and
were aware of the consequences of receiving such a discharge.
However, you waived the right to have your case heard by an ADB,
your best opportunity for retention or a more favorable
characterization of service. Finally, a Federal Bureau of
Investigation (FBI) report shows several convictions since
discharge. Therefore, the Board concluded that the discharge was
proper as issued and no change is warranted.
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
W. DEAN P
Executive
tor
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