DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZA:ech
Docket No. 00063-09
24 July 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 21 July 2009. Your aliegations 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 24 April 1991 at age 21.
Between December 1992 and June 1994 you received three
nonjudicial punishments. Your offenses were writing bad checks
amounting to $1,291.16, assaulting another Marine by striking him
in the face with your fist, willful disobedience of an order from
a superior noncommissioned officer (NCO) and using disrespectful
language to an NCO. Moreover during this time frame you received
several written warnings that such misconduct could result in an
other than honorable discharge (OTH) and you were also counseled
on your failure to meet Marine Corps weight standards. After
receiving your last nonjudicial punishment you were informed that
were informed that you were being recommended for OTH. You then
waived your right to a hearing where you would have been
represented by a military lawyer and could have requested
retention or a better discharge. Consequently you were issued
an OTH on 11 January 1995.
In its review of your application the Board concluded that in
view of your repeated acts of misconduct as well as your
apparent willingness to accept an OTH, your discharge was proper
ag issued and should not be ghanged now as matter of clemency.
i +
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,
to Deel!
W. DEAN P ER
Executive rettdr
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