DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8684-07
27 October 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 thfee-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 October 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 6 March 1988 at age 21. Onl
December 1989 you received nonjudicial punishment (NJP) for
wrongful appropriation of flags and housebreaking to commit
larceny. The punishment imposed was reduction to paygrade E-2
and a $200 forfeiture of pay.
During the period from 6 November 1990 to 19 November 1991 you
received counselling for deficiencies in your performance and
conduct, specifically, lack of maturity, professionalism, and
poor conduct displayed by possessing alcoholic beverages, writing
dishonored checks, and driving while intoxicated. On 20 November
1991 you received NUP for two specifications of failure to obey a
lawful order and drunk or reckless driving and were awarded a
reduction to paygrade E-1. About a month later, on 18 December
1991, you were convicted by summary court-martial (SCM) of
conspiracy, damage to government property valued at $5,814.13,
drunk or reckless driving, and wrongful appropriation of a
government vehicle valued at $28,861. You were sentenced to an
unspecified forfeiture of pay, restriction for 60 days, anda
reduction to paygrade i-1.
On 7 March 1992 you were released from active duty under
honorable conditions. On 7 March 1996, upon completion of your
obligated service, you were issued an honorable discharge
certificate.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. An average of 4.0 in conduct was required
at the time of your release from active duty for a fully
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to change the
characterization of your service so that you may obtain more
desirable employment. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
release from active or discharge characterization because
presumably your marks were insufficiently high to warrant a fully
honorable characterization of service due to your misconduct,
which included two NJPs, repeated counselling, and a court-
Martial conviction. 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, ~
\ Powe
W. DEAN PF
Executive Di r
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