DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3443-10
17 February 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 15 February 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
injustice.
You enlisted in the Marine Corps on 23 April 1988 at age 19 and
served for nearly a year without disciplinary incident. However,
during the period from 14 March to 25 October 1989 you received
nonjudicial punishment (NUP) on three occasions for disobedience
and two specifications of uttering worthless checks. You also
received NJP on three more occasions during the period from 15
June to 3 October 1990 for two periods of absence from your
appointed place of duty, failure to obey a lawful order, anda
one day period of unauthorized absence (UA). You were counselled
on occasion ha ther misconduct could result in
administrative separation.
On 10 June 1991 you received your seventh NUP for uttering a
worthless check in the amount of $80. About three months later,
on 16 September 1991, you were convicted by summary court-martial
(SCM) of a nine day period of UA, absence from your appointed
place of duty, disobedience, and wrongful appropriation of a
video cassette recorder (VCR). You were sentenced to a $502
forfeiture of pay, reduction to paygrade E-1, and confinement for
30 days.
Subsequently, on 11 October 1991, you were notified of pending
administrative separation action by reason of misconduct due to
minor disciplinary infractions. After waiving your procedural
rights to legal counsel and an administrative discharge board
(ADB), your commanding officer recommended discharge under other
fhan honorable conditions by reason of misconduct due to minor
disciplinary infractions as evidenced by repetitive misconduct
resulting in numerous counselling and multiple NUPs. On 17
December 1991 the discharge authority approved the foregoing
‘recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 27 December 1991 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 assertion that
your absences from the Marine Corps were the result of serious
family problems. It also considered your assertions of unfair
treatment, being the victim of disrespect from your superiors,
and being under duress. 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 seven NJPs and counselling on 15
occasions. Further, you were given an opportunity to defend your
actions, but waived your procedural right to present your case to
an ADB. Finally, there is no evidence in the record, and you
submitted none, to support your assertions. Accordingly, your
application has been denied.
It 1s 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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