DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DOC 20370-5700 .
SIN
Docket No: 07003-08
5 June 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 2 June 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 after three years of honorable
service on 1 July 1987. On 13 February 1992, the Naval
Investigative Service was conducting an investigation into your
involvement in an alleged larceny from the Navy Exchange. On
13 April 1992, you received nonjudicial punishment (NJP) for two
instances of absence from your appointed place of duty.
On 15 April 1992, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You elected to consult with legal counsel and
requested an administrative discharge board (ADB). Subsequently,
on 11 May 1992, an ADB unanimously found that you had committed
misconduct due to a pattern of misconduct, and recommended
discharge under other than honorablé ¢6Hditions.” Further, during
the ADB proceeding, you confessed to the pending larceny charge
involving the Navy Exchange. On 19 May 1992, your commanding:
officer concurred with the ADB and forwarded your case to the
discharge authority for review and stated, in part, that you had
been counseled on numerous occasions concetning your bad
judgment, poor performance, and lack of initiative. On 26 May
1992, the separation authority directed an other than honorable
discharge by reason of misconduct. On 29 May 1992 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of NUP and confession to
larceny from the Navy Exchange. Accordingly, your application
has been denied. The names and votes of the members of the panel
wlil 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,
LaYaaes .
W. DEAN R
Executive etor
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