DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4706-08
12 February 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
11 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 16 July 1988, you enlisted in the Marine Corps at age 18. On
1 September 1989, you had nonjudicial punishment (NUP) for a four
day period of unauthorized absence (UA). On 6 November 1989, you
had NJP and a suspended punishment vacated from the NUP dated
1 September 1989. Your offenses included disorderly conduct and
wearing unauthorized rank insignia. On 5 April 1990, you were
counseled regarding deficiencies in your performance and conduct and
warned that further infractions could result in disciplinary action
or administrative separation. On 27 April 1990, you had NUP for a
seven day period of UA and two instances of disobedience of a lawful
order.
On 13 June 1990, your commanding officer initiated administrative
separation by reason of misconduct due to minor disciplinary
infractions. In connection with this processing, you acknowledged
that separation could result in an other than honorable (OTH)
discharge and waived the right to have your case heard by an
administrative discharge board (ADB). On 3 July 1990, the separation
authority approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to minor disciplinary
infractions. On 20 July 1990, 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
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to your misconduct that continued even after
you were warned that further infractions could result in
administrative separation. 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.
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,
Rk f- ‘
ROBERT D. YSALMAN
Acting Executive Director
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