DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DG 20370-5100 REC
Docket No: 02128-09
17 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 17 September 1985, at age 18. On 6 November 1985, you
received nonjudicial punishment (NUP) for disobeying a direct
erder. On 1 August 1986, you were convicted at a summary court-
Martial (SCM) for 23 instances of unauthorized absence (UA). On
21 February 1989, you received NJP for using a stolen AT&T credit
card and modifying your date of birth on your military
identification card. On 10 April 1989, you received NJP for
wrongfully appropriating a home stereo system from a fellow
Marine. It appears that administrative discharge procedures were
initiated due to your misconduct. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. The discharge
authority directed an other than honorable discharge by reason of
Misconduct. On 17 May 1989, you were so discharged. At that
time you were assigned an RE-3C reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
everall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of three
NJP’s and conviction at a SCM. The Board also 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,
Executive Di
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