DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 015-10
21 September 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 15 September 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 27 duly 1987 at age 19. You received nonjudicial
punishment (NJP) on five occasions for attempted larceny, two
instances of failure to go to your appointed place of duty,
insubordinate conduct toward a superior noncommissioned officer,
and breaking restriction. On several occasions you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct. You
waived all of your rights, including your right to an
administrative discharge board (ADB). On 29 November 1989, you
received the OTH discharge for misconduct due to a pattern of
misconduct and were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in five NUJPs. The Board noted that after you were
counseled and warned that further misconduct could result in
administrative separation, you committed more offenses. The
Board also noted that you waived the right to an ADB, your best
Opportunity for retention or a better characterization of
service. Finally, no discharge is upgraded merely because of the
passage of time or an individual’s good behavior after discharge.
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,
Executive tor
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