DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 01372-0909
22 December 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 15 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 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 7 September 1988 at age 22. On 2 March 1993, you were
counseled for failure to pay several creditors, unsatisfactory
military performance, personal appearance and not being at your
appointed place of duty. You were warned that further
deficiencies or misconduct could result in administrative
‘discharge action. On 23 April 1993, you received nonjudicial
punishment (NUP) for unauthorized absence, absence from your
appointed place of’ duty, disobedience, false official statements
(altering a money order and lying. to superiors), uttering
worthless checks on a closed account, and failure to pay just
debts. You received a forfeiture of pay, restriction and extra
duty (suspended for six months), and a reduction in paygrade.
On 16 June 1993, 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
11 August 1993, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 25 August 1993, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 27 August 1993 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 pattern of failing to pay your
debts, and the record of NUP for failure to pay your just debts,
which was imposed after you were counseled and warned of the
consequences of further misconduct. Further, 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,
\y Ranh
W. DEAN P
Executive Biréctor
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