DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3581-08
5 March 2009
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 3 March 2009. The names and votes of the members
of the panel! will be furnished upon request. 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 8 September 1988 at age 19
and served for about seven months without disciplinary incident.
However, during the period from 28 April 1989 to 25 July 1991,
you received nonjudicial punishment (NJP) on three occasions for
urinating on your rack, two periods of absence from your
appointed place of duty, making a disloyal statement, drunk and
disorderly donduct, and striking a wall at which time you broke
bones in your hand.
|
During the period from 24 August 1990 to 25 December 1991 you
received counselling on five occasions regarding deficiencies in
your performance, specifically, unauthorized absences, alcohol
abuse, failure to obey lawful orders, lack of responsibility,
absence from your appointed place of duty, inability to conform,
substandard) performance, lackadaisical attitude, unsatisfactory
military appearance, the smell of alcohol on your breath while at
formation, deve lopment of a pattern of misconduct, and frequent
inability te comply with orders and regulations.
|
On 23 April a
from your app
go to your ap
1992, you wer
action by rea
After consult
case to an ad
an ADB recomm
conditions by
misconduct.
under other t
The discharge
directed your
honorable dis
you were so d
The Board, in
carefully wei
your youth, p
discharge. N
not sufficien
because of th
resulted in f
denied.
It is regrett
favorable act
Board reconsi
evidence or
In this vega
presumption
Consequently,
record, the b
existence of
nd again on 19 May 1992 you received NJP for absence
pointed place of duty, disobedience, and failure to
pointed place of duty. Subsequently, on 30 April
notified of pending administrative separation
son of misconduct due to a pattern of misconduct.
ing with legal counsel, you elected to present your
ministrative discharge board (ADB). On 2 July 1992
ended separation under other than honorable
reason of misconduct due to a pattern of
Your commanding officer also recommended separation
han honorable conditions by reason of misconduct.
authority approved these recommendations and
commanding officer to issue you an other than
charge by reason of misconduct, and on 8 July 1992,
ischarged.
its review of your entire record and application,
ghed all potentially mitigating factors, such as
ost service conduct, and desire to upgrade your
evertheless, the Board concluded these factors were
t to warrant recharacterization of your discharge
e seriousness of your repetitive misconduct which
ive NJPs. Accordingly, your application has been
ed that the circumstances of your case are such that
ion cannot be taken. You are entitled to have the
der its decision upon submission of new and material
ther matter not previously considered by the Board.
d, it is important to keep in mind that a
f regularity attaches to all official records.
when applying for a correction of an official naval
urden is on the applicant to demonstrate the
probable material error or injustice.
Sincerely,
W. DEAN PFE
Executive Di
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