DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 11053-10
4 November 2010
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 November 2010. 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 24 May 1986. The Board found that you received three
nonjudicial punishments (NJP’s) for two periods of unauthorized
absence (UA) totaling 22 days and two instances of absence from
your appointed place of duty. Additionally, you were counseled
and warned on more than one occasion that further misconduct
could result in administrative discharge action. However, you
were convicted by summary court-martial (SCM) of wrongful use of
marijuana and convicted by special court-martial (SPCM) of
24 days of UA and missing movement. Based on the information
currently contained in your record, administrative discharge
action was initiated by reason of misconduct due to a pattern of
misconduct. It appears you waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
conditions by reason of misconduct. The separation authority
concurred and directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. You were so
discharged on 25 June 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service would
utomatically change after six months. Nevertheless, the Board
Founa that these factors were not sufficient to warrant
recharacterization of your discharge given your record of three
ENIP's, SCM conviction for drug abuse, conviction by SPCM for
serious offenses, and the fact that you were counseled and warned
of the consequences of further misconduct. Finally, the Board
hoted that it appears you waived the 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 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,
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