DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 06231-10
30 August 2010
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 25
August 2010. 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 or injustice.
You enlisted in the Marine Corps on 29 June 1999 for a term of four
years. Unfortunately you only served a little more than two years
and six months when you were discharged with an other honorable
discharge {OTH) due to frequent acts of misconduct. More
specifically between May and November of 2001 you received three
nonjudicial punishment for being disrespectful to a noncommissioned
officer, two instances of willfully disobeying an order issued by
a noncommissioned officer, sleeping on post and falling asleep while
on firewatch. Based on your record of disciplinary infractions your
commanding officer recommended that you receive an OTH. When you
were informed that you were being considered for OTH you waived your
right to appear before an administrative board where with the
assistance of a military lawyer you could have requested retention
or a better discharge. Consequently you were issued an OTH on 25
January 2002,
Although the Board was favorably impressed with your post service
accomplishments it concluded that they could not overcome your
frequent acts of misconduct. Moreover your record shows that prior
to your discharge you received four counseling sessions during which
were warned continued acts of misconduct could result in the issuance
of an OTH. The Board also noted that you waived your to an
administrative discharge board which clearly indicates your
willingness to receive an OTH rather serve out your enlistment.
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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,
W. DEAN DPE F
Executive Di or
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