DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5700 .
TUR
Docket No: 8790-08
14 duly 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.
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 26 July 1989 at age 18 and
began a period of active duty on 1 August 1989. You served for a
year and eight months without disciplinary infraction, but during
the period from April to December 1991 you were repeatedly
counselled regarding deficiencies in your performance and
conduct, specifically, writing checks with insufficient funds,
conduct unbecoming a Marine, failure to follow proper procedures,
ineligibility for promotion, sleeping on post, and failure to
Obey orders.
On 30 October 1991 you received nonjudicial punishment {NJP) for
sleeping on post. Four months later, on 13 February 1992, you
received NUJP for failure to go to your appointed place of duty,
and on 20 April 1992 you received your third NUP for mishandling
ordnance.
On 24 April 1992 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 1 May 1992 your commanding officer
recommended an other than honorable discharge by reason of
Misconduct due to a pattern of misconduct. On 20 May 1992 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 29 May 1992 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 and desire to upgrade your discharge. It also
considered your assertions of being told that you would receive a
general discharge and that you did not commit any offense that
would warrant an other than honorable 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 NJUPs.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to consult with legal counsel and to
present your case to an ADB. Finally, there is no evidence in
the record, and you submitted none, to support your assertions.
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,
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