DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
= SJN
Docket No: 01507-11
5 December 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 29 November 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 and began a period of active
duty on 12 December 1983. The Board found that on 17 October
1985, you were convicted by general court-martial (GCM) of two
specifications of selling government property. You were
sentenced to a reduction in paygrade and confinement at hard
labor. During the period from 18 September 1986 to 28 October
1987, you received three nonjudicial punishments (NJP’s) for two
instances of driving on base when your privileges had been
revoked, seven days of unauthorized absence (UA), and
disobedience. Additionally, you were counseled and warned after
your second NUP, that further misconduct could result in
administrative discharge action. On 4 January 1988, you were
convicted by summary court-martial (SCM) of two specifications of
possession of ammunition and failure to clean your room. You
were sentenced to confinement, a forfeiture of pay, anda
reduction in paygrade. Based on the information currently
contained in your record it appears that administrative discharge
action was initiated by reason of misconduct due to a pattern of
misconduct. 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 (OTH) conditions by reason
of misconduct. The discharge authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
misconduct. You were so discharged on 9 March 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your convictions by a GCM and a SCM, three NJP‘s, and the
fact that you were counseled and warned of the consequences of
further misconduct. 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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