DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5530-10
9 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 8 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 that the evidence submitted was
insufficient to establish the existence of probable material
error OF Tijustice.
You entered active duty in the Marine Corps on 23 June 1990.
You received nonjudicial punishment on three occasions for two
specifications of failure to go obey a lawful order, three
specifications of disrespect to a noncommissioned officer
(NCO), and communicating a threat to an NCO. You were notified
of pending administrative separation processing with an under
other than honorable conditions discharge due to misconduct
(pattern of misconduct). You elected to have your case heard
by an administrative discharge board (ADB), which met and found
that you had committed misconduct (pattern of misconduct) and
recommended your separation with an under other than honorable
conditions discharge. The discharge authority concurred with
the ADB's finding and recommendation. On 16 August 1991, you
were discharged under other than honorable conditions due to
misconduct (pattern of misconduct), and assigned an RE-4 (not
recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
to upgrade your discharge, remorse, and post service good
conduct. However, the Board concluded that your under other
than honorable conditions discharge should not be changed due
‘to your numerous acts of serious misconduct. You are advised
that no discharge is upgraded automatically due merely to the
passage of time or post service good conduct. In view of the
above, 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,
W. DEAN PFE
Executive Dh
Copy to:
Frank H. Forsyth, Jr., Esq.
NS
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