DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
TIR
% : Docket No: 6929-09
23 July 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. Z
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 July 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 accepted a commission in the Marine Corps on 10 December 1999
after nearly nine years of prior honorable service. You
continued to honorably serve and were promoted to the rank of
captain/ (paygrade 0-3) on 1 July 2004.
You served without disciplinary incident until 25 May 2006, when
you received nonjudicial punishment (NUP) for two specifications
of disobedience, dereliction of duty by allowing a foreign
national to access your government computer and account in March
2006 and on multiple occasions in October 2005, and conduct
unbecoming an officer by delivering an offensive, cruel, and
demeaning letter to a fellow Marine captain in February 2006.
The punishment imposed was a letter of reprimand and a $5,318
forfeiture of pay, which was subsequently suspended for six
months.
Your record reflects that you submitted a written statement in
which you requested an unqualified resignation of your commission
in lieu of being processed for an administrative separation for
cause as evidenced by the NUP. Your request also stated that you
accepted full responsibility for your actions and realized that
they were unacceptable, but requested a favorable endorsement to
your resignation because you were in financial hardship. During
the period from 26 to 29 May 2006 your chain-of-command provided
favorable endorsements to your request and recommended that you
be honorably discharged by reason of unacceptable conduct.
On 25 August 2006, the discharge authority, the Assistant
Secretary of the Navy, Manpower and Reserve Affairs (ASN M&RA),
approved the foregoing recommendation and directed your
commanding officer to issue you an honorable discharge by reason
of unacceptable conduct and to assign a separation code (SPD) of
“BNC1” in accordance with the narrative reason for separation.
On 30 September 2006 you received a Certificate of Release or
Discharge from Active Duty which reflects you were honorably
discharged by reason of unacceptable conduct and assigned a BNC1
SPD. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, desire to be reinstated to active
duty, and the documentation from your counsel in support of your
case. It also considered your counsel’s request to change your
reenlistment code so that you may be allowed to be reinstated.
Nevertheless, the Board concluded these factors were not
sufficient to warrant reinstatement to active duty. Further, the
Board noted that you voluntarily submitted a request for
resignation for your unacceptable conduct in lieu of a separation
for cause as evidenced by your misconduct which resulted NUP.
Finally, the Board noted that, serving as an officer in the
Marine Corps, you were not assigned a reenlistment code, and
therefore, your counsel’s request is without merit. Accordingly,
your application has been denied.
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, Attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of a change in your
narrative reason for discharge.
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
Executive Di
Enclosure
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