DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7698-07
18 August 2008
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 12 August 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.
You enlisted in the Marine Corps on 10 June 1985 at age 19 and
served for two years without disciplinary incident. However, on
17 June 1987, you received nonjudicial punishment (NJP) for
larceny and were awarded an $808 forfeiture of pay and extra duty
and restriction for 30 days.
On 19 February 1988 you received NUP for two specifications of
uttering worthless checks in the amount of $84.53. Shortly
thereafter, on 25 April 1988, you were convicted by summary
court-martial (SCM) of two specifications of uttering worthless
checks in the amount of $117.68 and sentenced to confinement at
hard labor for 30 days and a reduction to paygrade E-2. About
five months later, on 28 September 1988, you were convicted by
SCM of uttering a worthless check in the amount of $11.78. You
were sentenced to hard labor for 45 days and a reduction to
paygrade E-1.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 15 November 1988 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct. On 19 December 1988 the discharge authority
approved this recommendation and directed an other than
honorable discharge, and on 23 December 1988 you were so
discharged.
considered your assertion that if you received disciplinary
action for the ‘five’ specifications of uttering worthless checks
at one time, you could have received a Good Conduct Medal and
your career could have been salvaged. It also considered your
assertion that your discharge was also the result of your ending
a relationship with your superior’s daughter. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in two NJPs and two
court-martial convictions. There is no evidence in the record,
and you submitted none to Support your assertions. Finally, you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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. DEAN PF ER
Executive D tor
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