DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 00122-11
13: April 2021
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 7 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 12 April 1993. Unfortunately
you were administratively separated with an other than honorable
discharge (OTH) due to repeated acts of misconduct in June of 1996.
Specifically between July 1993 and January 1996 you received two
nonjudicial punishments and one summary court-martial. Your
offenses were illegal consumption of alcohol, being drunk and
disorderly, being absent from place of duty, failure to obey a lawful
order, conspiracy to commit larceny, larceny of personal property
and unlawful entry. Based on your disciplinary record you were
notified on 25 April 1996 you were being recommended for an OTH at
which time you waived your right to appear before an administrative
discharge board (ADB) where with the assistance of a military lawyer
:
you could have requested retention or a better discharge.
Consequently you received an OTH on 28 June 1996.
In its review of your application the Board concluded that in view
of your frequent acts of misconduct, some of which were serious, as
well as your willingness to accept an OTH, your discharge was proper
as issued and should not be changed now as a matter of clemency.
Accordingly, your application has been denied. The names and votes
»xof the members of thé panel will be furnished upon request.
4
a
4Tt 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
tegularity attached 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,
W Noe
W. DEAN PFESF
Executive Di
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