DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10093-06
1 February 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 16 January 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.
The Board found that you enlisted in the Marine Corps on 25 March
1985. You received two nonjudicial punishments and were
convicted by a summary court-martial. The offenses included
disobedience of a lawful order, use of provoking words, and
unauthorized absences.
On 29 January 1987 your commanding officer recommended that you
be separated with a discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct. When informed of the recommendation for separation,
you waived the right to consult with counsel and to present your
case to an administrative discharge board (ADB). After review by
the discharge authority, the recommendation for separation was
approved and on 26 February 1987 you were separated with a
discharge under other than honorable conditions.
In its review of your application the Board carefully considered
your contentions that you waived your right to an ADB without the
benefit of counsel and that you were told that your discharge
would be automatically upgraded after a period of time. The
Board concluded that those factors are insufficient to warrant
recharacterization of your discharge. In this regard, the record
is clear that you waived the right to consult with counsel. In
addition, there is no law or regulation that provides for the
automatic upgrade of a discharge after the passage of a specified
period of time. 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,
O
Executive
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