DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 03524-11
7 February 2012
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 1 February 2012. 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 7 September 1988. On 12 July 1989, you were convicted
by a summary court-martial (SCM) of sleeping on post, and
Sitting while on watch. You were sentenced to a forfeiture of
$466, reduction in pay grade, and confinement at hard labor for
30 days. On 18 July 1990, you were convicted by a special
court-martial (SPCM) of three incidents of disobeying a direct
order, dereliction in the performance of duty, and sitting while
on post. You were sentenced to a forfeiture of $800, reduction
in pay grade, and confinement at hard labor for 75 days. On 28
May 1991, you received nonjudicial punishment (NJP) for failure
to obey a lawful order. On 26 September 1991, administrative
separation action was initiated by reason of misconduct. You
elected to have your case heard by an administrative discharge
board (ADB), which found that you had committed misconduct, and
recommended an other than honorable (OTH) characterization of
service. Your commanding officer concurred with the ADB’s
finding and recommended that you be discharged under OTH
conditions by reason of misconduct. On 26 May 1992, the
discharge authority directed an OTH discharge by reason of
misconduct. On 10 June 1992, you were discharged and received
an OTH characterization of service by reason of misconduct. At
that time you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of
convictions by a SCM, a SPCM, and an NJP for 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,
\S Weed
Executive Dikdac
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