DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2641-10
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
IiijuSstsce.
You enlisted in the Marine Corps on 7 November 1989 at age 17 and
began a period of active duty on 19 June 1990. You served
without disciplinary incident until 16 October 1990, when you
received nonjudicial punishment (NJP) for arson. The punishment
imposed was reduction to paygrade E-1, restriction for 45 days,
and a $300 forfeiture of pay.
On 26 February and again on 4 April 1991 you received NUP for
disobedience, wearing unauthorized ribbons, two specifications of
disobedience, and conduct prejudice of good order by falsely
stating that you participated in Operation Desert Strom and
narrating false accounts about combat.
Subsequently, you were processed for an administrative separation
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 21 August
1991 an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to minor disciplinary
infractions. On 24 September 1991 your commanding officer, in
concurrence with the ADB, also recommended discharge under other
than honorable conditions by reason of misconduct due to minor
disciplinary infractions. The discharge authority approved these
recommendations and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
2 October 1991, you were so discharged and assigned an RE-4
reenlistment code.
The Board, in its rewiew of your entire record and application,
carefully weighed al¥ potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and period of
honorable service in the Army National Guard. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of your
reenlistment code because of the seriousness of your repetitive
misconduct which resulted in three NUPs. Accordingly, your
application has been denied.
a
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,
\ Nea’
W. DEAN PF
Executive Dsyeetor
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