DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3515-10
18 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 February 2011. 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 and began a period of active
duty on 15 January 1985 at age 19. You received nonjudicial
punishment (NUP) on five occasions for disobeying a lawful
written order, being drunk on duty, three instances of failure to
go to your appointed place of duty, and writing insufficient fund
checks totaling $266. On 30 March 1988, you were convicted by
summary court-martial (SCM) of the wrongful use of marijuana.
The sentence awarded was confinement for 30 days, forfeiture of
pay, and reduction in paygrade. You were counseled regarding
your misconduct and warned that further offenses could result a
administrative separation. Based on the information currently
contained in your record it appears that you were subsequently
involuntarily processed for separation with an other than
honorable discharge (OTH) due to misconduct. You waived your
right to an administrative discharge board (ADB). In connection
with this processing, you would have acknowledged the separation
action and the separation authority would have approved a
recommendation for separation. The record clearly shows that on
29 July 1988, you were separated with an OTH discharge for
misconduct due to a pattern of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in five NUPs and a SCM. The Board noted that after you
were counseled and warned that further misconduct could result in
administrative separation, you committed another offense. The
jBoard also noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, no discharge is upgraded merely because of the
passage of time or an individual’s good behavior after discharge.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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,
LSso.2 J
W. DEAN R
Executive |\Ditéckor
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