DEPARTMENT OF THE NAVY
BOARD.FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8347-07
7 May 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 22 April 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.
error or injustice.
You enlisted in the Marine Corps on 2 May 1989 at age 18.
Subsequently, during the period from 30 December 1990 to 27 April
1991 you participated in Operation Desert Shield/Storm. On 2
July 1991: you received nonjudicial punishment (NJP) for an
unauthorized absence of about seven days. On 30 October 1991 you
were counseled following two incidents of abuse of your spouse, a
period of unauthorized absence, driving under the influence and
writing checks without sufficient funds. On 8 October 1991, you
‘were again counseled concerning writing checks without sufficient
funds. On 8 and 16 October 1991, you received NUP for drunk
driving and theft of deodorant from the exchange.
In connection with this processing, you elected to waive the
right to have your case heard by an administrative discharge
board. After review, the discharge authority directed discharge
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, marital
problems, problems with alcohol abuse and your contentions that
you were innocent of the theft from the exchange and that you
have been a good citizen since discharge. The Board found that
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct. The Board noted that you waived your right to have
your case heard by an administrative discharge board, your last
best chance to present mitigating factors to your command. 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,
Wonks
W. DEAN PFET
Executive Di
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