DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5434-09
15 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 December 2009. The names and votes of the
members of the panel will be furnished upon request. 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 on 24 August 1990 at age 18 and
began a period of active duty on 19 August 1991. You served for
nearly two years without disciplinary incident, but on 2
September 1993, you were convicted by special court-martial
(SPCM) of larceny and making a false official statement. You
were sentenced to confinement at hard labor for 125 days,
reduction to paygrade E-1, and a $2,000 forfeiture of pay.
On 11 February 1994 you were notified of pending administrative
separation action by reason of misconduct due to a commission of
a serious offense. At that time you waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended discharge under other than honorabie conditions by
reason of misconduct due to commission of a serious offense. On
24 February 1994 the discharge authority approved this
recommendation and directed separation under honorable conditions
by reason of misconduct, and on 10 March 1994 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in a
SPCM. Further, you were given a opportunity to defend your
actions, but waived your procedural right to present your case to
an ADB. Accordingly, your application has been denied.
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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