DEPARTMENT OF THE. NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1644-12
5 December 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 4 December 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 1 December 1992 at age 28 and
immediately began a period of active duty. You served without
disciplinary infraction until 29 April 1994, when you were
counselled regarding your frequent periods of absence from your
place of duty. On 23 May 1994 you were again counselled for
being derelict in the performance of your duties.
During the period from 25 January to 20 October 1995 you received
nonjudicial punishment (NJP) on four occasions for repeated
periods of absence and were counselled for attempting to evade
the military police and the subsequent loss of your driving
privileges.
On 3 April 1996 you received your fifth NUP for an unspecified
period of unauthorized absence (UA) and were awarded reduction to
paygrade E-2. Shortly thereafter, you were notified of pending
administrative separation action by reason of misconduct due to
frequent disciplinary infractions. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). Subsequently, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 3 May 1996 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
desire to upgrade your discharge and assertion that your
discharge was too harsh. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which resulted in
five NUPs and repeated counselling. Finally, you were given an
opportunity to defend your actions, but waived your procedural
right to present your case to an ADB. 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,
Executive Die
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