; DEPARTMENT OF THE NAVY S
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 4870-09
26 April 2010
This ig 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 20 April 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 ail
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 October 1990 at age 18 and
served without disciplinary incident until 9 November 1992, when
you received nonjudicial punishment (NJP) for failure to go to
your appointed place of duty. On 14 June and again on 15 October
1993, you received two more NJPs for insubordination, indecent
language toward a female, attempt to destroy government property,
dereliction of duty, and absence from your appointed place of
duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to minor disciplinary infractions.
After waiving your procedural rights, the discharge authority
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 15 November
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, desire to upgrade your discharge, and a letter
provided in support of your case. 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 three NJPs.
Further, you were given an opportunity to defend yourseif, 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,
\ Menten)
W. DEAN PF
‘Executive DitelbQRor
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