DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3149-08
8 April 2009
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
1 April 2009. 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 6 February 1984, you enlisted in the Marine Corps at age 18. On
6 February 1986, a medical entry stated that you were treated for
lower back pain. On 30 June 1986, you had nonjudicial punishment
(NJP) for sleeping on post and falsifying an official document. On
19 August 1986, suspended punishment was vacated from the NUP, and
you were subsequently warned that further infractions could result in
disciplinary action. On 4 December 1986, a psychiatric evaluation
diagnosed you as having a mixed personality disorder and recommended
discharge. On 10 December 1986, you were counseled regarding your
unacceptable performance, psychiatric diagnosis, advised where
assistance was available, and warned that further infractions could
result in disciplinary action or administrative separation. On
15 December 1986, you had NUP for two instances of disobedience
of a lawful order and making a false official statement. On
27 March 1987, you were counseled for your lack of respect for
military authority, and fraudulent use of a state license plate and
vehicle identification pass.
On 27 May 1987, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct.
In connection with this processing, you acknowledged that separation
could result in a general discharge. On 19 June 1987, the separation
authority approved the recommendation and directed a general
discharge by reason of misconduct due to a pattern of misconduct. On
20 July 1987, 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
belief that you should have been discharged medically. Nevertheless,
the Board concluded that these factors and belief were not sufficient
to warrant changing the reason or recharacterization of your
discharge due to the seriousness of your misconduct. Furthermore,
although you received treatment for lower back pain, there is no
evidence in the record to show that a discharge due to a physical
disability was ever initiated or approved. 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,
\p |
Wee AT Ie,
Executive Dilrect
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