DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 07468-10
4 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 2
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 or injustice.
You enlisted in the Marine Corps on 27 December 1998 for a term of
four years. Unfortunately you only served for a little more than
one year and nine months and were separated with an other than
honorable discharge (OTH) due to frequent acts of misconduct. More
specifically between October 1999 and August 2000 you received
nonjudicial punishment on two occasions. Your offenses were a 20
day period of unauthorized absence (UA), wrongful sexual intercourse
with a man not your husband and wrongful cohabitation with this man.
Moreover several months before your second NUP you were counseled
about writing bad checks and continuing your inappropriate
relationship with another man while you were still married.
Because of these events your commanding officer recommended that you
be separated with an OTH. After your were informed of your
commanding officer’s recommendation and after conferring with a
military lawyer you waived your right to appear before an
administrative discharge where with the assistance of an attorney
you could have offered evidence and arguments to show that you should
be retained in the Marine Corps or in the alternative issued a better
discharge. Consequently you were issued an OTH on 29 September 2000.
In its review of your application the Board concluded that in view
of your repeated acts of misconduct as well as your apparent
willingness to accept an OTH in order to gain an early release from
the Marine Corps your discharge was properly issued and should not
be changed now as a matter of clemency.
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,
\p
W. DEAN PFE
Executive Di
Enclosure
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