DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS ;
Docket No: 648-09
1 February 2010 —
This is in reference to your request for further consideration 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 9 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 7
November 1989. You received nonjudicial punishments on four
occasions for offenses that included an unauthorized absence,
failure to obey lawful orders, and absence from appointed place
of duty.
On 24 August 1993 an administrative discharge board recommended
that you be separated from the Marine Corps with a discharge
under other than honorable conditions by reason of misconduct due
to minor disciplinary infractions. After review by the discharge
“authority, the recommendation for separation was approved and on
28 October 1993 you were separated with a discharge under other
than honorable conditions.
Tn its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and good post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterizaion of your service, given
your disciplinary record. 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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