DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
, WASHINGTON DC 20370-5100 SON
Docket No: 02418-09
19 January 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the Unitea@
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 January 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,
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 October 1983, at age 17. During the period from
21 August 1985 to 19 May 1986, you received three nonjudicial
punishments (NUJP‘’s) for 34 days of unauthorized absence,
disobedience, and three instances of absence from your appointed
place of duty. Additionally, you were counseled and warned prior
to your three NUP’s that further misconduct could result in
administrative discharge action. On 23 July 1986, administrative
discharge action was initiated by reason of misconduct. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
24 July 1986, 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 minor misconduct. On 29
August 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
Of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your three NJP’s, all of which were imposed after you
were counseled and warned concerning the consequences of further
misconduct. Finally, the Board noted that you waived the right
to an ADB, your best chance 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 D
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