DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3596-08
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 30 June 1986 at age 17.
About six mgnths later, on 12 December 1986, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty. On 25 August and 25 September 1987 you received
NJP for two|specifications of disrespect and failure to obey a
lawful order by communicating a threat.
On 13 January and again on 25 March 1988 you received NUP for two
periods of Tpsence from your appointed place of duty, disrespect,
and failure| to obey a lawful order. Subsequently, you were
processed for an administrative separation by reason of
misconduct due to a pattern of misconduct. After waiving your
right to cohsult with legal counsel and to present your case to
an administrative discharge board (ADB), the discharge authority
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct, and on 8 April 1988, you were so discharged.
The Board, in| its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, character reference letters,
and desire to| upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
vecharacteri zation of your discharge because of the seriousness
of your repetitive misconduct which resulted in five NuPs.
Finally, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable actiion 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,
| W. DEAN PF R
Executive D or
|
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