DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 8047-08
14 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 July 2009. The names and votes of the members
of the panel will be furnished upon request. 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.
Bfter 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 enlisted in the Marine Corps on 13 December 1989 at age 21
and began a period of active duty on 17 January 1990. You served
for about 18 months without disciplinary incident, but during the
period from 25 July to 13 September 1991, you received
nonjudicial punishment (NJP) on three occasions for two
specifications of disrespect, communicating a threat, breaking
restriction, and an eight day period of unauthorized absence.
(UA) .
On 8 October 1991 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. After consulting with legal counsel you waived your
right to present your case to an administrative discharge board
(ADB). Subsequently, your commanding officer recommended an
other than honorable discharge by reason of misconduct due to a
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pattern of misconduct. On 16 October 1991 the discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 23 October 1991 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge so that you may reenlist. It also considered your
letter explaining the circumstances surrounding your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NJPs. Further, you were given an opportunity
to defend yourself, but waived your procedural right to present
your case to an ADB. Accordingly, your application has been
denied.
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,
W. DEAN
Executive D or
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