DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4926-08
20 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
19 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 10 May 1989, you enlisted in the Marine Corps at age 20. On
4 May 1990, you had nonjudicial punishment (NJP) for failure to go to
your appointed place of duty. On 29 June 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 10 July 1990, suspended punishment
from the NJP was vacated. On 7 August 1990, you were counseled and
warned that further infractions could result in disciplinary action
or administrative separation. On 9 October 1990, you had NJP for
failure to go to your appointed place of duty and three instances of
writing checks with insufficient funds. You subsequently
participated in Operations Desert Shield and Storm. On 11 July 1991,
you had NUP for disobedience of a lawful order. On 6 January 1992,
you were convicted by a summary court-martial of two instances of
failure to go to your appointed place of duty and use of
amphetamines.
On 4 February 1992, 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 an other than honorable (OTH) discharge and waived
the right to have your case heard by an administrative discharge
board (ADB). On 17 February 1992, the separation authority approved
the discharge recommendation and directed an OTH discharge by reason
of misconduct due to a pattern of misconduct. On 24 March 1992, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
participation in Operations Desert Shield and Storm, and desire fora
better discharge. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct. 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,
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