DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 2224-08
6 November 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
5 November 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 18 November 1989, you reenlisted in the Marine Corps at age 21
after a prior period of honorable service. On 8 August 1990 and
1 February 1991, you had nonjudicial punishment (NUP) for two
instances of failure to go to your appointed place of duty and
absence from your appointed place of duty. On 6 February 1991,
suspended punishment from an NJP was vacated due to unspecified
reasons. On 29 April 1991, you were convicted in civil court of four
instances of writing worthless checks. Your sentence included
restitution and six months in prison, which was suspended for one
year.
On 9 May 1991, your commanding officer initiated administrative
separation by reason of misconduct due to the civil conviction. In
connection with this processing, you acknowledged that separation
could result in an OTH discharge and waived the right to have your
case heard by an administrative discharge board (ADB). On
4 June 1991, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to the civil conviction. On 12 June 1991, you were so
discharged.
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The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
desire for a better discharge, and prior period of honorable service.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to the
seriousness of your misconduct. The Board also noted that you. waived
the right to have your case heard by an ADB, your best opportunity
for retention or a more favorable characterization of service.
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.
The Board noted that as a result of your prior period of honorable
service, you may be eligible for veterans' benefits. You should
contact the nearest office of the Department of Veterans Affairs if
you desire clarification about your eligibility for those benefits.
The Board further noted that you should contact Headquarters
Marine Corps, Personnel Management Support Branch (MMSB-10), 2008
Elliot Road, Quantico, Virginia 22134, to request administrative
correction be made to your DD Form 214, specifically, block 18 should
reflect your honorable service for the period 1 duly 1986 to
17 November 1989. -You may also request that Headquarters Marine
Corps (MMSB-10) issue a discharge certificate for your honorable
period of service.
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
er other matter not previously considered by the Board. [In this
regard, it ig 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 PFEI
Executive Di
Copy to:
HQMC (MMSB-10)
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