DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
‘SIN.
Docket No: 11851-0908
29 October 2009
.This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 ee 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 27 October 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 materiai 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 September 1989 at age 18. During the period from
5 June to 21 November 1990, you received three nonjudicial.
punishments (NUP's) for three instances of failure to go to your
appointed place of duty, four days of unauthorized absence,
disobedience, and making a false official statement.
Additionally, you were counseled and warned, on more than one
occasion, that further misconduct could result in administrative
discharge action.
On 12 December 1990, 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).
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
Misconduct. On 15 January 1991, the discharge authority directed
an other than honorable discharge by reagon of misconduct. On
17 January 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 NJP’s, two of which
were imposed after you were counseled and warned 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,
og Oe
Executive Dinero
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