DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10252-10
&@ July 2011
This igs in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 July 2011. The names and votes of the members
of the panel will be furnished upon request. 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 17 July 2990 at age 19 and
immediately began a period of active duty. You served for two
years without disciplinary incident but during the period from 24
July to 15 December 1992 you received nonjudicial punishment
(NJP) on three occasions for two periods of unauthorized absence
(UA) totalling 26 days and absence from your appointed place of
duty.
On 6 January 1993 you received your fourth NIP for malingering as
evidenced by cutting your wrist to avoid duty assignment. The
punishment imposed was reduction to paygrade E-1 and restriction
and extra duty for 45 days. Subsequently, you were processed for
an administrative separation by reason of misconduct due to minor
disciplinary infractions. As a result of this action, the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
19 February 1993, you were sO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertion that
you were suffering from an undiagnosea@ post traumatic stress
syndrome. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in four
NgPs. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. Accordingly, your
application has been denied.
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,
ly Bea Pe”
W. DEAN PFEIF
Executive rector
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