DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZ:ech
Decket No. 02681-09
190 July 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 8 July 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,
reguiations 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.
You enlisted in the Marine Corps on 3 September 1996 for a term
of four years. Unfortunately you only served only a little over
two years when you received.an other than honorable discharge
(OTH) because of frequent acts of misconduct. Specifically you
received nonjudicial punishment on two occasions for two periods
of unauthorized absence (UA) totaling 31 days. When you were
informed that you were being recommended for an OTH you waived
your right to a hearing where you would have been represented by
a military lawyer and could have requested either retention or a
better discharge.’
In view of your frequent misconduct and apparent willingness to
accept an OTH the Board concluded that your discharge was proper
as issued and should not be changed now as a matter of clemency.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Tt is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
te 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
éxistence of probable material error or injustice.
Sincerely,
W. DEAN PFETEF
Executive Di
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