DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 10278~-08
5 October 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.
7 A’three-inmember panel of the Board for ‘Correction ‘of Naval
Records, sitting in éxecutive session, considered your -
application on 29 September 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 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 19 October 1988 at age 19. During the period from
8 June 1989 to 29 July 1991, you received three nonjudicial
punishments (NJP’s) for two instances of making a false official
statement, two instances of disobedience, communicating a threat,
and conduct unbecoming. Additionally, you were counseled and
warned, on more than one occasion, that further misconduct could
result in administrative discharge action.
On 20 August 1991, administrative discharge action wags initiated
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
23 August 1991, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 4 October 1.991, the
discharge authority directed an other than honorable discharge by
reason Of misconduct. On 30 November 1991 you were so
discharged.
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 recharacterization
of your discharge given your record of three NUJP's and the fact
that you were counseled and warned numerous times of the
consequences of further misconduct. Finally, the Board noted
that you waived the right to an ADB, your best opportunity 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,
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