DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 11106-069
2 August 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 28 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 that the evidence ‘submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 20 March 1990. You received
nonjudicial punishment (NJP) on three occasions and were
convicted by summary court-martial for failure to obey a lawful
order, failure to be at your appointed place of duty (two
specifications), and unauthorized absence (Ll specifications
totaling 24 days). You were notified that your commanding
officer was recommending you for administrative separation with
an other than honorable (OTH) discharge due to misconduct. You
waived all of your procedural rights, including your right to
an administrative discharge board (ADB). On 3 January 1994,
you received an OTH discharge due to misconduct, and were
assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation of racial prejudice. However, the Board concluded
that your discharge should not be changed due to your
misconduct. The Board found that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. The Board also found no evidence
in your record to support your allegation, and you provided
nothing to support it. In view of the above, 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,
\iDu 6
W. ss Se
Executive or
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