DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1530-09
23 April 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
22 April 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.
On 17 October 2005, you enlisted in the Marine Corps at age 19. on
On 6 February 2006, you were convicted by a summary court-martial for
a 63 day period of unauthorized absence. On 6 February 2006, your
commanding officer also initiated administrative separation by reason
of misconduct due commission of a serious offense. [In connection
with this processing, you acknowledged that separation could result
in an other than honorable (OTH) discharge and waived the right to
have your case heard by an administrative discharge board (ADB) .
On 24 February 2006, the separation authority approved the
recommendation and directed an OTH discharge by reason of misconduct
due to commission of a serious offense. On 6 March 2006, you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
regret for your misconduct. The Board also considered your
explanation that personal problems contributed to your misconduct.
Nevertheless, the Board concluded that these factors and explanation
were not sufficient to warrant recharacterization of your service or
changing the reenlistment code due to the seriousness of your
misconduct. Furthermore, personal problems do not excuse misconduct.
Regarding the reenlistment code, the Board substantially concurred
with the comments contained in the memorandum furnished by
Headquarters Marine Corps, a copy of which is attached. The Board
also noted that you waived the right to have your case heard by an
ADB, your best opportunity for retention or a more favorable
characterization of service. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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,
Dow SRL
W. DEAN PPE R
Executive Di
Enclosure
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