DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7387-10
1 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 30 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 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 29 December 1987 at age 23. On 22 April 1988, you received
nonjudicial punishment (NUP) for five instances of writing
nonsufficient checks totaling $500. On 6 October 1988, you
received NUP for wrongfully changing the picture on your ex-wife's
armed forces identification card, wrongfully using the fake
identification card to escort a Mexican citizen across the border
into the United States, and disobeying a lawful regulation by not
returning your ex-wife's sdentification card after being divorced.
You were counseled on several occasions regarding your misconduct
and warned that further offenses could result in administrative
Separation. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct (minor disciplinary infraction). You waived all of
your procedural rights, including your right to an administrative
discharge board (ADB). On 20 January 1989, you received the OTH
discharge for misconduct (minor disciplinary infraction).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your misconduct. 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 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 carinot 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,
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