DEPARTMENT OF THE NAVY
. BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8405-08
14 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
13 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 17 July 1990, you enlisted in the Marine Corps at age 17
with parental consent. On 8 October 1991, you had nonjudicial
punishment (NJP) for failure to go to your appointed place of
duty and three instances of disobedience of a lawful order. You
were also counseled regarding your misconduct and warned that
further infractions could result in administrative separation.
On 19 November 1991, suspended punishment from the NJP was vacated.
During the period 19 December 1991 to 24 March 1992, you were
counseled on three occasions regarding unsatisfactory performance,
suspension of base driving privileges, writing worthless checks, and
frequent discreditable involvement. On 26 March and 6 October 1992,
you had NUP for disobedience and failure to obey a lawful order, and
damage to government property through neglect.
On 7 January 1993, your commanding officer initiated administrative
separation by reason of misconduct due to minor disciplinary
infractions. In connection with this processing, you acknowledged
that separation could result in an other than honorable (OTH)
discharge and elected to have your case heard by an administrative
discharge board (ADB). On 19 March 1993, an ADB convened and found
that you were guilty of misconduct due to minor disciplinary
infractions, and recommended an OTH discharge. On 11 June 1993, the
separation authority approved the recommendation and directed an OTH
discharge by reason of misconduct due to minor disciplinary
infractions. On 23 June 1993, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth, and
subsequent periods of honorable service and current active duty
status in the Army National Guard. Nevertheless, -the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
continued even after you were warned that further infractions could
result in administrative separation. Therefore, the Board concluded
that the discharge was proper as issued and no change is warranted.
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,
Red. Load
ROBERT D~-“4SALMAN
Acting Executive Director
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