DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS:
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12263-08
4 November 2009
This ia& in reference to your application for correction of your’.
naval record pursuant to the provisions of Titie 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 4 November 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 on 26 July 1990, and served
without disciplinary incident until 17 February 1992, when you
received nonjudicial punishment (NUP) for not cleaning your
berthing area, disrespect toward a noncommissioned officer, and
using provoking speech or gestures.
Shortly thereafter, you received the following disciplinary
actions: on 30 April 1992, you received NUP for breaking
restriction; on 22 September 1992, you received NJP for larceny
and leaving the base without signing out; and on 8 March 1993,
you were convicted at a summary court-martial for failure to obey
a lawful order, UA, and disrespect toward a noncommissioned
officer. You were advised that you were being administratively
separated with .an other than honorable (OTH) discharge due to
misconduct and you waived your procedural right to an
administrative discharge board (ADB). Therefore, you were
recommended for separation with an OTH discharge by reason of
misconduct. The separation authority approved the recommendation
and on 27 July 1993, you were separated with an OTH discharge and
an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. The Board found that you waived your 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 pane
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, I
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