DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7942-08
8 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 7 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, 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. The Board found that you entered active
duty in the Marine Corps on 27 March 1990. You received
nonjudicial punishment (NJP) on four occasions, where your
offenses included stealing a pair of running shoes,. two
instances of unauthorized absence, disobeying a lawful order,
and driving while intoxicated. You were notified of pending
administrative separation processing for an other than honorable
(OTH) discharge due to, a pattern of misconduct. You waived all
of your rights, including your right to an administrative
discharge board (ADB). On 18 June 1993, you received the OU
discharge for a pattern of misconduct, and were assigned an RE-4
reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your desire for
veterans’ benefits. However, the Board concluded that this
factor was not sufficient to warrant recharacterizing your OTH
discharge because of your commission of very serious misconduct.
You are advised that no discharge is automatically upgraded
after the passage of time. The Board also noted that you waived
your right to an ADB, your best Opportunity for retention or a
better characterization of service. In view of the above, 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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