DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11031-07
8 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 6 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 28 August 2000 and served
without disciplinary incident. However, on 30 September 2002,
you were given a psychological consult due to self-inflicted
injuries and a pattern of minor infractions.
Shortly thereafter, you were charged and found guilty at the
following nonjudicial punishment (NJP): In October 2002, two
counts of insubordination toward a noncommissioned officer,
unauthorized absence (UA), and false or unauthorized pass
offenses.
On 28 October 2002, you were seen at the Branch Medical Clinic,
Mental Health Department for an evaluation where you were
diagnosed with an adjustment and personality disorder, but not a
risk to self or others.
In November 2002, you continued to commit misconduct and were
sent to NUP for failure to obey a lawful order or regulation. On
24 January 2003, you were involuntarily separated due toa
pattern of misconduct. You were given a general discharge with
an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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,
\ SoS
W. DEAN PFE
Executive Di r
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