DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SJIN
Docket No: 06983-08
22 May 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 May 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 reenlisted in the Marine Corps on 5 April 1984 after serving
over six years of honorable service. On 6 August 1986, you were
counseled and warned that further insubordinate behavior could
result in administrative discharge action. On 26 October 1987,
you were convicted by special court-martial (SPCM) of three days
of unauthorized absences, disrespect, disrespectful language,
escaping from custody, damaging government property, and
communicating a threat. You were sentenced to a reduction in
paygrade and confinement.
On 14 December 1987, you were notified of pending administrative
separation action by reason of misconduct due commission of a
serious offense. After being advised of your procedural rights,
you waived the right to an administrative discharge board (ADB).
On 16 December 1987, your commanding officer forwarded his
recommendation for separation, and on 4 January 1988 the
discharge authority directed that you be separated for misconduct
with a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant any change in your discharge given your
conviction by SPCM for very serious offenses. The Board also
noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when an individual is discharged due to misconduct.
“Further, you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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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