DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00977-10
4 November 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 2 November 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 July 1989. The Board found that you received two
nonjudicial punishments (NJP’s) for two instances of
disobedience, three days of unauthorized absence, possession of
marijuana, and two instances of absence from your appointed place
of duty. Additionally, you were counseled and warned on two
occasions that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge action
was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. The separation authority
concurred and directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. You were so
discharged on 6 April 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your two NJP’s, one of which was for possession
of marijuana, and the fact that you were counseled and warned of
the consequences of further misconduct. Further, the Board noted
that you waived the right to an ADB, your best opportunity for
metention 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,
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