DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
BAN
Docket No: 11203-10
28 July 2011
This is 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 28 July 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 had prior honorable service with the Marine Corps. You
reenlisted on 19 April 1990, and served without disciplinary
incident until 22 April 1991, when you received nonjudicial
punishment (NUP) for driving under the influence of alcohol.
Shortly thereafter, on 31 May 1991, you received another NJP for
making a false official statement and larceny. Furthermore, on 1
August 1991, you were convicted at a summary court-martial of a
general orders violation. Therefore, you were recommended for
administrative separation with an other than honorable (OTH}
discharge due to a pattern of misconduct. You exercised your
right to consult with counsel and request an administrative
discharge board (ADB). The ADB found that you had committed
misconduct and recommended separation with an OTH discharge. The
separation authority approved the recommendation and on 17
December 1991, you were separated due to a pattern of misconduct
with an OTH discharge and an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you were falsely charged.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge.
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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