DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SJN
Docket No: 06424-10
14 April 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 12 April 2011. Your allegations of error and
injustice were reviewed sn 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 26 June 2001. The Board found that during the period
from 16 August 2002 to 31 August 2005, you received four
nonjudicial punishments (NJP's) for conspiracy, disrespect, two
instances of disobedience, and failure to go to your appointed
place of duty. Additionally, you were counseled and warned that
further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, or have your case
heard by an administrative discharge board (ADB), but elected to
submit written matters for consideration for a general discharge.
Your case was forwarded recommending that you be discharged under
honorable conditions by reason of misconduct. However, the
discharge authority did not concur with your commanding officer
and directed an other than honorable discharge by reason of
misconduct. You were so discharged on 18 January 2006.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NJP’s, and the fact that you were counseled and
warned of the consequences of further misconduct. Finally, the
Board noted that you waived your procedural right to an ADB, your
best opportunity for retention or a better characterization of
service. Accordingly, your application has been denied. The
@mames and votes of the members of the panel will be furnished
jupon request.
It is regretted diet 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,
Lens
W. DEAN PF
Executive D tor
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