DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 1608-10
18 November 2010
This is 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 16 November 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
InTUusStice .
You enlisted in the Marine Corps on 14 May 1986 at age 18 and
began a period of active duty on 27 May 1986. You served without
disciplinary incident until 22 August 1986, when you received
nonjudicial punishment (NUP) for wrongful appropriation of a
newspaper.
During the period from 27 July to 1 November 1988, you received
NIP on four more occasions for two periods of unauthorized
absence (UA) totalling three days, theft of a $22.25 ham, two
specifications of communicating threats, and assault. Asa
result, you were processed for an administrative separation by
reason of misconduct due to a pattern of misconduct. After
waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct as evidenced
by your record of five NUPs. However, on 24 February 1989, you
received your sixth NJP for burglarizing another Marine’s wall
locker with intent to commit larceny. The punishment imposed was
restriction and extra duty for four days, reduction to paygrade
E-1, and a $690 forfeiture of pay. Subsequently, the discharge
authority directed your commanding officer to issue you an other
than honorable discharge by reason of misconduct due to a pattern
of misconduct, and on 28 February 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 and desire to upgrade your discharge. It also
gonsidered your statement regarding your period of service and
fhe events which subsequently resulted in your discharge.
Wevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
‘resulted in six NUPs. Further, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an administrative discharge board. 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,
\Stas
W. DEAN PF
Executive
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