DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3358-09
19 March 2010
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 10 March 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 1 October 1985 at age 18. On 14 September 1988, you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. On 28 November 1988, you were convicted in
civilian court of two counts of obtaining property by false
pretense from the Marine Corps Federal Credit Union, in
Jacksonville, North Carolina. You pled guilty and were sentenced
to three years in custody of the North Carolina Department of
Corrections. The sentence was suspended and you were placed on
three years probation. You were counseled and warned that
further misconduct could result in administrative discharge
action. On 19 January 1989, you were convicted by summary court-
Martial (SCM) of three instances of unauthorized absence (UA)
from your unit totaling a period of 12 days; wrongful disposition
of government property, a M16A2 rifle, and two instances of
wrongful use of marijuana and cocaine. On 1 March 1989 you were
notified of pending administrative separation action. by reason of
masconduct due to a pattern of misconduct. After consulting with
legai counsel, you elected to present your case to an
administrative discharge board (ADB). On 24 March 1989, an ADB
recommended discharge under other than honorable (OTH) conditions
by reason of misconduct due to a pattern of misconduct. Based on
the information currently contained in your record it appears
that subsequently, your commanding officer concurred with the ADB
‘and forwarded your case to the discharge authority for review.
On 2 May 1989, the separation authority directed an OTH discharge
by reason of misconduct due to a pattern of misconduct. On 12
May 1989 you were so discharged.
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 the seriousness of your misconduct that
resulted in one NUP, a civilian conviction and a SCM of which was
imposed after you were counseled and warned of the consequences
of further misconduct. 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,
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