DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 279-10
1 October 2010
This igs 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 21 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 30 December 1987 at age 20).
About four months later, on 23 April 1988, you were convicted by
civil authorities of driving while intoxicated. Shortly
thereafter, on 26 May 1988, you received nonjudicial punishment
(NIP) for two specifications of drunk and disorderly conduct and
being incapacitated for the performance of your duties due to
over-indulgence in intoxicating liquor.
On 27 June 1986 you received NUP for failure to go to your
appointed place of duty and failure to obey a lawful order. On
24 August 1989 you received your third NUP for failure to go to
your appointed place of duty.
Subsequently, you were notified of pending administrative
separation processing by reason of misconduct due to minor
disciplinary infractions. After consulting with legal counsel,
you elected to present your case to an administrative discharge
board (ADB). On 27 October 1989 an ADB recommended discharge
under other than honorable conditions by reason of misconduct due
to minor disciplinary infractions. AS a result of this action,
the discharge authority directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct,
and on 1 December 1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade your
discharge, and the passage of time. It also considered your
assertion that you fulfilled the necessary obligations for an
upgrade of your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your repetitive misconduct which
resulted in three NJPs and conviction by civil authorities.
Accordingly, your application has been denied.
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,
\Sdend
W. DEAN
Executive
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