DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 5473-11
8 March 2012
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 6 March 2012. 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 26 October 1986 at age 18 and
began a period of active duty on 2 July 1987. You served without
disciplinary incident until 22 June 1989, when you received
nonjudicial punishment (NJP) for a three day period of
unauthorized absence (UA). On 11 December 1989 you received NJP
for absence from your appointed place of duty and two
specifications of failure to obey a lawful order.
On 19 March 1990 you were convicted by civil authorities of seven
counts of writing worthless checks. You also received NJP on
this date for disobedience, and were counselled for writing
worthless checks in both the military and civilian communities.
On 18 May 1990 you received your fourth NJP for two
specifications of disrespect and four specifications of failure
to obey a lawful order. Shortly thereafter, you were convicted
by summary court-martial (SCM) of three specifications of failure
to obey a lawful order and sentenced to confinement for one month
and a $482 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct. After
waiving your procedural rights, on 12 August 1990, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. On 26 September 1990 the discharge authority
approved this recommendation and Girected discharge under other
than honorable conditions by reason of misconduct, and on 2
October 1990, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially iitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct in both the military and civilian communities.
Finally, you were given an opportunity to defend yourself but
waived your procedural right to legal counsel and to present your
case to an administrative discharge board. 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 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,
Oe ee
Executive or
a D eee
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