DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 10480-09
9 July 2010
AE ag
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 1 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 entered active duty in the Marine Corps on 9 October 1987,
and served without disciplinary incident. However, on 1 December
1987, you received a mental health evaluation and were diagnosed
with an adjustment disorder with depressed mood. In addition,
you stated that you wanted out of the Marine Corps. You also
accumulated a total of 18 absences from drills and projected a
negative attitude. In February 1990, you were notified via
certified mail that you were being processed for separation due
to non-participation in your reserve unit and that your
commanding officer was recommending an other than honorable (OTH)
discharge. You exercised your right to consult with counsel, but
waived your right to an administrative discharge board (ADB).
The separation authority approved the recommendation and on 21
May 1990, you were separated with an OTH discharge and an RE-4
reenlistment code due to your unsatisfactory participation.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. The Board found
you waived your right to an ADB, your best opportunity 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,
a
W. DEAN :
Executive WweOLK
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