DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4226-11
2 March 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 29 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 19 August 1985 at age 18. You received nonjudicial
punishment (NJP) on three occasions for writing three checks
without sufficient funds, being derelict in the performance of
your duties, making a false official statement, wrongfully
soliciting another to impersonate a noncommissioned officer to
cash a money order, using disrespectful language toward a
superior noncommissioned officer and failure to obey a2 lawful
order. On 22 August 1990, you were convicted by general court-
martial (GCM) of culpable negligence by unlawfully killing a
Marine by shooting him in the neck with a .25 caliber pistol.
The sentenced imposed was confinement for two years, a
forfeiture of all pay and allowances, a reduction in paygrade
and a dishonorable discharge. On 10 May 1991, the convening
authority suspended all punishment for a period of 12 months.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct
(pattern of misconduct). You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 20 August 1991, you received the OTH discharge
for misconduct due to a pattern of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in the
characterization of your discharge given the seriousness of your
misconduct that resulted in three NJPs and a GCM. The Board
also noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
ly }
W. DEAN PF
Executive D
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