DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04118-08
9 February 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 5 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or’
injustice.
You enlisted in the Marine Corps on 24 February 1984, and served
without disciplinary incident until 14 December 1984, when you
received nonjudicial punishment (NJP) for failure to obey a
lawful order and larceny.
Shortly thereafter, on 31 December 1986, you were arrested by
Civil authorities in San Diego, California for possessing known
stolen property and for burglary. The charge of possessing known
stolen property was dismissed, however, you were convicted of
burglary, given five years probation, and served 120 days in
jail. Furthermore, due to your civilian conviction, on 22 May
1987, you were separated from the Marine Corps due to a
commission of a serious offense (COSO) and received an other than
honorable (OTH) discharge and an RE-4 reenlistment code.
Although your felony conviction was later reduced to a
misdemeanor and ultimately dismissed, at the time of your
separation from the Marine Corps, your conviction was still a
felony and it was in the Marine Corps’ interest to separate you
from military service due to your COSO.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, personal references, and belief that enough time has
elapsed to warrant upgrading your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. Further, there is no provision in the law or
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
W. DEAN PPE F
Executive Di ¢
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