DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS. -
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10259-07
14 July 2008
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 9 July 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 22 June 1983, you enlisted in the Marine Corps at age 17
with parental consent. On 2 July and 6 November 1984, you
had nonjudicial punishment (NUP) for dereliction in the
performance of your duties, a brief instance of unauthorized
absence, and failure to go to your appointed place of duty.
On 20 December 1984, you were counseled regarding deficiencies
in your performance and conduct and warned that further
infractions could result in disciplinary action or
administrative separation. During the period 28 December 1984
to 10 October 1985, you had two NUP's and were convicted by a
special court-martial. Your offenses included two instances of
failure to go to your appointed place of duty, making a false
official statement, wrongful appropriation of a fan, and
disobedience of a lawful order. On 28 October 1985, you were
counseled regarding an alcohol related incident and warned that
minor disciplinary infractions. In connection with this
processing, you acknowledged that separation could result
in an other than honorable (OTH) discharge and elected to have
your case heard by an administrative discharge board (ADB).
On 19 November 1985, you had NUP for driving without a license.
On 17 January 1986, an ADB found that you were guilty of
misconduct due to minor disciplinary infractions and
recommended a general discharge. On 28 March 1986, the
separation authority approved the discharge recommendation and
directed a general discharge by reason of misconduct due to
minor disciplinary infractions. On 11 April 1986, you were so
discharged.
The Board, in its review of your entire record and
application, carefully weighed all potential mitigation,
such as your youth and contention that a thorough investigation
was not conducted prior to your court-martial which, if
conducted, would have revealed misconduct by other Marines at
your command. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct that
continued after you were warned that further infractions could
result in administrative separation. Furthermore, there is no
evidence in the record to Support your contention. But, even if
there were such evidence, that would not excuse your misconduct.
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,
Executive Di
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