DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 6094-07
25 February 2008
on ollie 36-38 -4Of OF ORES bO-your application. -foxcorrecbion..of—youx 0.
naval record pursuant to the provisions of title 10 of the United
states Code, section i552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 23 July 1990, you enlisted in the Marine Corps at age 17 with
parental consent. On 10 September 1993, you had nonjudicial
punishment (NUP) for willful disobedience of a lawful order. On
16 September 1993, you were counseled regarding deficiencies in
your performance and conduct and warned that further infractions
could result in disciplinary action or administrative separation.
On 24 November 1993, you had NJP for larceny of a cassette tape
from the exchange.
On 13 December 1993, your commanding officer 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 (OTH) discharge and elected the right to have your case
heard by an administrative discharge board (ADB). On
6 January 1994, you were counseled regarding deficiencies in your
performance and conduct, and your commanding officer recommended
an OTH discharge. On 7 January 1994; you had NUP for two
instances of breaking restriction. On 22 February 1994,
suspended punishment from the NUP on 7 January 1994, was vacated.
On 28 February 1994, you submitted an unconditional waiver of
rights that you previously elected, specifically, you waived the
right to have your case heard by an ADB. On 3 March 1994, you
were convicted by a summary court-martial of willful disobedience
of a lawful order, making a false official statement and wrongful
solicitation of another to aid in the offense of malingering. On
15 April 1994, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of
misconduct due to a pattern of misconduct. On
25 April 1994, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
desire for a better discharge, and BEGMEE for your mistakes.
Nevertheless,.the Baard. concluded tha: ese factors we: to
sufficient to warrant recharacterization of your Alecharee due to
the seriousness of your misconduct. Finally, the Board noted
that although you first elected the right to have your case heard
by an ADB, you later waived that right, which was your best
opportunity for retention or a more favorable characterization of
service. 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,
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