DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 00731-0939
9 November 2008
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. apa
A three-member panel of the ‘Bdava for Correction of Naval |
Records, sitting in executive session, considered your.
application on 28 October 2009. Your allegations of error. and
‘injustice were reviewéd 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
Guty on 16 July 1985 at age 18. On 23 April 1986, you received.
nonjudicial punishment (NUP) for a 24 day period of unauthorized
absence (UA) and disobeying a lawful order. On 31 October 1986,
you received NOP for UA from your unit. On 15 June 1987, you
received NIP for UA from your unit. On 20 June 1988, you
received NUP for wrongful use of marijuana and UA. Additionally,
after your third NUP, you were counseled and warned that further |
misconduct could result in administrative discharge action..
On 27 June 1988, administrative discharge action was 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 27
June 1988, your commanding officer forwarded his recommendation
that you be discharged under other than honorable (OTH)
conditions. On 18 July 1988, the discharge authority directed an
OTH discharge hy reason of misconduct due to a pattern of:
misconduct. .On 27 July 1988 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct that resulted in four NJP’s
one of which was 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. maper eh
evidence or other matter not previously considered: by the. Board.:
In this regard, it is important to keep in mind that a co 24
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,
NAVY | BCNR | CY2009 | 06195-09
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. Additionally, after your second NUP, you were counseled and warned that further misconduct could result in administrative discharge action. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 03292-09
A three-member panel of the Board for Correction of Naval “Records, sitting in executive session, considered your application on 17 February 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 10658-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 10771-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 03355-09
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. On 8 September 1986, the discharge authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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...
NAVY | BCNR | CY2013 | NR8344 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2014. 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. on 20 August 1986, you received NUP for breaking restriction.
NAVY | BCNR | CY2008 | 03967-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2008. You waived your right to consult with counsel, submit a statement or have your case heard by an administrative discharge board (ADB). 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.
NAVY | BCNR | CY2009 | 06180-09
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. On 16 November 1987, administrative discharge action was initiated by reason of misconduct. The discharge authority directed an OTH discharge by reason of misconduct due to a pattern of misconduct.
NAVY | BCNR | CY2008 | 06540-08
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 8 April 2009. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your service due to the seriousness of...
NAVY | BCNR | CY2012 | 01089 12
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. On 25 August and 3 september 1986, you were counseled and warned that further misconduct could result in administrative discharge action. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...