DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2591-10
26 January 2011
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 19 January 2011. 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
in uSeeiee .
You enlisted in the Marine Corps on 5 September 1990 at age L?
and began a period of active duty. You served without
disciplinary incident until 27 February 1991, when you received
nonjudicial punishment (NJP) for a two day period of unauthorized
absence (UA).
During the period from 12 January to 2 July 1993 you received NUP
on three more occasions, and were counselled on several occasion
regarding deficiencies in your performance and conduct,
specifically periods of UA, unauthorized use of government
telephones, lack of maturity, nonrecommendation for promotions,
negligent indecent exposure, having a female in an unauthorized
area, and failure to obey lawful orders. The offenses for which
you received NUP were three specifications of failure to obey a
lawful order, absence from your appointed place ef duty, three
specifications of disobedience, and breaking restriction.
Subsequently, 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 extensive record of disciplinary infractions and
substandard performance. The discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than’ honorable discharge, and on 9 July 1993, 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 so that you may
obtain medical benefits. It also considered your assertion that
your misconduct off base had nothing to do with the Marine Corps.
Nevertheless, 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 four NJPs and repeated counselling sessions.
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,
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