DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 08261-08
17 September 2008
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 9 September 2008. 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 enlisted in the Marine Corps on 7 June 2005 at age 18. On
25 July 2006 and 30 January 2007, you received nonjudicial
punishment (NJP) for absence from your appointed place of duty,
five instances of disobedience, and making a false official
statement.
On 20 February 2007, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 22 February 2007, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On 28 March
2007, the discharge authority directed an other than honorable
discharge by reason of misconduct. On 4 April 2007 you were so
discharged. However, on 16 May 2008, the Naval Discharge Review
Board (NDRB) upgraded your characterization of service to
general, stating that your discharge was proper but not
equitable.
The Board, in its review of your entire application, carefully
weighed all potentially mitigating factors, such as your youth,
overall record of service, and the statement you provided in
support of your case. Nevertheless, the Board found that these
factors were not sufficient to warrant any change in your
discharge or reenlistment code given your record of two NJP’s and
the fact that you were counseled and warned on four occasions
that further misconduct could result in administrative
separation. The Board also noted that you were fortunate to have
your characterization of service upgraded to a general discharge
by the NDRB since a discharge under other than honorable
conditions is often directed when an individual is discharged for
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,
RS
fr2z_ W. DEAN ELFFER
Executive Director
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