DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 02153-09
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 marerial 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 oF
injustice.
You enlisted in the Marine Corps and began a4 period of active
duty on 15 June 1988, at age 17. On 20 February 1990, you
received nonjudicial punishment (NIP) for failing to go to your
appointed place of duty, and willfully disobeying an order. on
14 September 1990, you received NUP for a period of unauthorized
Further misconduct could result in administrative discharge
action. On 11 April 1991, you were convicted at a special court-
martial (SPCM) for two charges of assaulting a fellow Marine.
You were sentenced to forfeiture of $900, and confinement at hard
labor for 75 days. On 4 November 1991, you received NIP for
failing to go to your appointed place of duty.
On 26 February 1992, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You requested to have your case heard by an administrative
discharge board (ADB). The ADB voted three to zero in favor of
an under other than honorable discharge due to a pattern of
misconduct. Your commanding officer forwarded his recommendation
that you be discharged under other than honorable conditions by
reason of a pattern of misconduct. On 1 June 1992, the discharge
authority directed an other than honorable discharge by reason of
misconduct. On 5 June 1992, you were so discharged. At that
time you were assigned an RE-4 reenlistment code. ,
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 record of three NUP’s and
conviction at a SPCM. Further you are advised that there is no
provision in the law or Navy regulations that allow for
recharacterization of your discharge automatically due solely to
the passage of time. 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 ef 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,
\Syon She
W. DEAN PFE
Executive Direc
NAVY | BCNR | CY2008 | 03809-08
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. Based on verification of your date of discharge by the Navy Personnel Command (Pers-312D1), on 5 July 1992, you were so discharged. 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...
NAVY | BCNR | CY2009 | 09658-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2010. 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,...
NAVY | BCNR | CY2009 | 00652-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 2009. 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. On 8 August 1991, you received NUP for disobeying a direct order and a lawful order.
NAVY | BCNR | CY2007 | 08810-07
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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of two NUP’s, one of which was imposed after you were counseled and warned of the consequences of further misconduct, and conviction by SCM for period of UA...
NAVY | BCNR | CY2009 | 04571-09
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. On 31 July 1991, you received NUP for drunk and disorderly conduct. 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.
NAVY | BCNR | CY2010 | 05258-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2010. On 13 May 1992, you received NUP or wrongful use of Marijuana. 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.
NAVY | BCNR | CY2008 | 04926-08
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. 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). Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 09031-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2009. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). 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.
NAVY | BCNR | CY2010 | 02193-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 January 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 03201-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...