DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100 .
TUR
Docket No: 9031-08
5 June 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 3 June 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 24 May 1990 at age 17 and.
began a period of active duty on 24 September 1990. You served
for nearly two years without disciplinary incident, but on 6
March 1992, you received nonjudicial punishment (NJP) for absence
from your appointed place of duty. Two months later, on 5 May
‘1992, you received NIP for disrespect. On 25 August 1992 you
received your third NIP for disobedience.
Subsequently, 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). Your commanding officér recommended an
other than honorable discharge by reason of misconduct due to a
pattern of misconduct. On 16 December 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 15 January 1393 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 not receiving proper counsel and
not being aware of the situation 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 consult
with legal counsel and 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,
oc b.00
W. DEAN’ P R
Executive a or
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