DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 10207-0939
22 July 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 20 July 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 18 October 1990. The Board found that on 6 September and
11 October 1991, you were counseled regarding personal finances,
uttering bad checks, and failure to be at your appointed place of
duty. You were warned that further misconduct could result in
administrative discharge action. However, on 7 January 1992, you
were convicted by special court-martial (SPCM) of two
specifications of indecent acts, two specifications of failure to
go to your appointed place of duty, wrongfully having alcoholic
beverages in the barracks, and uttering a bad check.
Additionally, you received nonjudicial punishment (NJP) for
absence from your appointed place of duty (morning formation) .
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, submit a statement. or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
discharge authority concurred and directed an OTH discharge.
On 23 June 1992, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your SPCM conviction, NUP, and the fact that you were
counseled and warned on two occasions of the consequences of
further misconduct. Finally, the Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. 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,
\Sion6
W. DEAN PF R
Executive Ir °
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