DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 01406-09
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 12 December 1989 at age 18. On 17 December 1990, you
were counseled regarding your substandard performance of duties
and uttering checks without sufficient funds. On 11 September
1991, you received nonjudicial punishment (NJP} for two instances
of failure to go to your appointed place of duty and making a
false official statement. On 20 January 1992, you were involved
in a breach of the peace by assaulting another Marine. Finally,
on 25 January 1992, you attempted suicide.
On 3 February 1992, administrative discharge action was initiated
by reason of minor misconduct. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 10 February 1992, your
commanding officer forwarded his recommendation that you be
_discharged under honorable conditions by reason of minor
misconduct. The discharge authority directed a general discharge
by reason of minor misconduct. On 21 February 1992 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 changing the reason
for your discharge given your NJP, which was received after you
were counseled and warned that further misconduct could result in
administrative discharge action. The Board also noted that you.
were fortunate to receive a general discharge since a discharge
under other than honorable conditions is often directed when an
individual is discharged for misconduct. 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,
aout
W. DEAN P
Executive reetor
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