DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08026-10
1.5 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 13 April 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 on 18 July 1990. On 26 July
1991, you received nonjudicial punishment (NJP) for underage
drinking and being in a restricted area. On 28 October 1991, you
submitted a request for a good of the service discharge to avoid
trial by court-martial for making a false official statement,
causing damage to military property, and wrongfully and
unlawfully making and uttering worthless checks to the Morale and
Welfare organization on 10 occasions. Prior to submitting this
request for discharge, you conferred with a qualified military
lawyer, were advised of your rights, and were warned of the
probable adverse consequences of accepting such a discharge.
Your commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
of the good of service. Your request for discharge was granted
and on 27 November 1991, you received an OTH discharge for the
good of the service. As a result of this action, you were spared
the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
At that time you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the characterization of your service, given your
misconduct and request for discharge. The Board also concluded
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and should not
be permitted to change it now. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
e
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,
\adoukds
W. DEAN “P
Executive or
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