DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2336-11
1 December 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 29 November 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 25 December 1991 at age 18
and immediately began a period of active duty. You served
without disciplinary incident until 29 March 1994, when you
received nonjudicial punishment (NJP) for theft, specifically,
shoplifting a food item valued at $2.60. The punishment imposed
was restriction and extra duty for 14 days and a $238 forfeiture
of pay, which was suspended for six months. On 6 April 1994 the
foregoing suspended forfeitures were vacated due to your
continued misconduct. Further, on 23 May 1994, you received NUP
for breaking restriction which was imposed on 29 March 1994.
On 11 May and again on 10 October 1995 you received NUP for
uttering a $405.94 check without sufficient funds, absence from
your appointed place of duty, a three day period of unauthorized
absence (UA), making a false official statement, and failure to
pay just debts in the amount of $1,118.08.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct as evidenced by four NUJPs. The discharge authority
directed your commanding officer to discharge you under other
than honorable conditions by reason of misconduct due to a
pattern of misconduct, and on 8 December 1995, 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
your periods of UA were not your fault. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repeated misconduct, which resulted in four NJPs.
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 o£ficial 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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