DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11158-0909
20 August 2010
This is in reference to your application for correction of your
naval record dated 30 September 2009, in which you requested
correction of the characterization of service, reason for
discharge, and your reentry code. The Board did not consider
your request for correction of your reentry code, as that request
was previously denied, and you have not submitted any new ,
evidence concerning that request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 August 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 enlisted in the Marine Corps on 17
January 1989. You received nonjudicial punishment and were
convicted by a summary court-martial for offenses that included
stealing a personal check from another Marine and uttering a
check with intent to defraud.
On 25 March 1992 your commanding officer recommended that you be
separated from the Marine Corps with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. Your commanding officer stated
that the recommendation was based on civil charges of leaving the
scene of an accident.
On 22 May 1992 an administrative discharge board recommended that
you be separated from the Marine Corps with a discharge under
other than honorable conditions by reason of misconduct due to
the commission of a serious offense. The specific basis of that
recommendation is not shown in the available records. After
review by the discharge authority, the recommendation for
separation was approved and on 30 June 1992 you were separated
with a discharge under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the unsubstantiated contention to the
effect that your commanding officer based your discharge on civil
charges that were later dismissed. The Board concluded that those
factors were insufficient to warrant recharacterization of your
service or changing the reason for discharge. You were
discharged in accordance with the approved findings and
recommendation of an administrative discharge board, and have not
demonstrated that the administrative discharge board acted
improperly. Further, the Board was not persuaded that it would
be in the interest of justice to upgrade your discharge. In this
regard, your administrative discharge board was the final local
authority in discharging you and not your commanding officer.
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,
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W. DEAN PFE
Executive D
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