DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1700-10
2 April 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 30 March 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 11 December 1984 at age 18
and served for approximately a year and six months without
disciplinary infraction. However, during this period you were
repeatedly counselled regarding your financial irresponsibility,
- nonrecommendation for promotion, careless attitude, poor
performance, and iack of attention to detail.
On 27 dune 1986 you received nonjudicial punishment (NJP) for
uttering a bad check. The punishment imposed was restriction and
extra duty for seven days and a suspended forfeiture of pay.
About four months later, on 14 October 1986, you were referred
for participation in a Level II rehabilitation program based on
your wrongful use of cocaine. Subsequently, you were referred
for a psychiatric evaluation due to your significant history of
cocaine and alcohol use.
On 24 November and again on 22 December 1986 you received NJP for
three specifications of disobedience and disrespect.
Subsequently, you were processed for an administrative separation
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 13 February 1987, 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, desire to upgrade your discharge, and the passage of
time. It also considered your assertion that your discharge was
due to personality conflicts. 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 numerous counselling sessions for your
poor performance. 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,
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