DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6177-09
20 July 2009
This is in reference to your request for further consideration of
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, regulations
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.
The Board found that you. enlisted in the Marine Corps on 9 April
1996. You received two nonjudicial punishments for offenses that
included unauthorized absences, disrespect, insubordination, ,
malingering, violation of a base order, and while on light duty
you were seen playing basketball.
On 6 August 1997 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct. After being informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and you were discharged on 16 September 1997 with a
discharge under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and good post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge,
given the nature and severity of your offenses. 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,
\y ;
W. DEAN
Executive Dil r
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