DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
SIN
Docket No: 09171-0608
7 August 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 4 August 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,
arid 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 and began a period of active
duty on 9 September 1986 at age 19. On 1 May and 27 June 1989,
you received nonjudicial punishment (NUP) for two instances of
absence from your appointed place of duty, disobedience, and seven
days of unauthorized absence (UA). Additionally, you were counseled
regarding your attitude, UA, and unprofessionalism.
On 8 September 1989, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. You elected to consult with legal counsel and
subsequentiy requested an administrative discharge board (ADB).
On 6 October 1989,.an ADB unanimously found that you had
committed misconduct due to commission of a serious offense, and
recommended discharge under honorable conditions. Subsequently,
your commanding officer (CO) concurred with the ADB and forwarded
your case to the discharge authority for review. On 21 November
1989, the discharge authority directed a general discharge by
reason of misconduct. On 22 November 1989, you received a third
NJP for two specifications of disrespect. You were so discharged
the same day.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service, Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your record of three NUJP’s, one of which occurred
after you were notified of your pending separation. The Board
also noted that you were fortunate to receive a general discharge
Since a discharge under other than honorable conditions is often
directed when an individual is discharged for misconduct.
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,
Laur
W. DEAN PF
Executive r oO
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