DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7094-10
24 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ef 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 22 March 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 ox injustice.
You entered active duty in the Marine Corps on 19 Apri 1993.
You were pending a special court-martial for assault and
robbery of a Sailor, however, on 14 April 1995, in exchange for
your testimony against your fellow conspirators, you agreed to
plead guilty at nonjudicial punishment. You were then notified
that your commanding officer was recommending you for
administrative separation with an under conditions other than
honorable (OTH) discharge due to misconduct (commission of a
serious offense). You waived all of your procedural rights.
including your right to an administrative discharge board
(ADB). On 17 November 1995, you received an under conditions
OTH discharge due to misconduct (commission of a serious
offense), and were 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 and
remorse. The Board concluded, however, that your discharge
should not be upgraded due to your very serious misconduct.
The Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded 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 i;
Executive Difec\Qr
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