DEPARTMENT OF THE NAVY
. BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ; ,
WASHINGTON DC 20370-5100 -
TIR
Docket No: 1677-09
15 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions. of Title 14, 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 8 December 2009. The names and votes of the
members of the panel will be furnished upon request. 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 on 8 August 1988 at age 22 and
began a period of active duty on 21 February 1989. You served
without disciplinary incident until 22 October 1990, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful ‘order and drunken and reckless driving. The following
year, on 27 September and again on 18 December 1991, you received
NJP for two periods of failure to ‘go to your appointed place of
duty. About two months later, on 12 February 1992, you received
your fourth NJP for nine specifications of uttering dishonorable
checks in the amount of $226.
Your record reflects that during the period from 22 October 1990
to 27 August 1991 you received counselling on 10 occasions
regarding deficiencies in your performance and conduct,
specifically, your alcohol related incidents during Operation
Desert Shield, nonrecommendations for promotion, weight control
failure and assignment to a weight control program, misplacing
safety gear, missing physical readiness training, and possession
of an open container in a vehicle.
On 3 March 1992, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 19 March 1992 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct. On 1 May
1992 the discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct and on 26 May 1991 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertions that your pattern of misconduct was
unbefitting punishment and your discharge was unjust because you
were misled by your superiors and not in the best ‘favor’ of your
commanding officer because of your weight control problems. It
also considered your desire to upgrade your discharge because you
feel that you served honorably. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in four NJPs and counselling on
numerous occasions regarding deficiencies in your performance and
conduct. Further, you were given an opportunity to defend your
actions, but waived your procedural right to present your case to
an ADB. Accordingly, your application has been denied.
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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