DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06744-09
23 April 2010
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 14 April 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 on 19 May 2006, and served
without disciplinary incident until 13 October 2006, when you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) in excess of 45 days. Shortly thereafter, you were
convicted at a summary court-martial for disobeying a lawful.
order. Therefore, you were recommended for separation with an
other than honorable (OTH) discharge due to your misconduct. You
were advised of your procedural rights, and waived your right to
an administrative discharge board (ADB). The separation
authority approved the recommendation and on 14 December 2006,
you were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your misconduct.
Furthermore, the Board found you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. Finally, there is no provision of the law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
W,. DEAN PFE
Fxecutive Di
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