DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
RDZ:ecb
Docket No. 07215-12
11 October 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 2
October 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 21 September 1998 for a term of
four years. Unfortunately you only served a little over one year
and nine months when you were administratively separated with an
other than honorable discharge (OTH) due to frequent disciplinary
infractions. Specifically between March 1999 and April 2000 you
received nonjudicial punishment on three occasions. Your offenses
were three instances of disobedience of orders, absence from
appointed place of duty and being disrespectful in language, demeanor
and deportment to a noncommissioned officer. Moreover during this
same period of time your received four formal counseling sessions
for deficiencies in conduct and performance and warned that if you
continued to engage in such behavior your could receive an
unfavorable discharge. After your third nonjudicial punishment you
were recommended for early separation with an OTH due to frequent
disciplinary infractions. When you were informed of that
recommendation you waived your right to appear before an
administrative discharge board where with the assistance of a
military lawyer you could have argued for and requested retention
or a better discharge. Consequently after your case was reviewed
by Marine Corps authorities you were issued an OTH.
In its review of your application the Board concluded that in view
of your extensive disciplinary record, your failure to heed the
repeated warnings given to you as well as your apparent willingness
to accept an OTH rather than even attempt to finish out your
enlistment your discharge was legally proper and fair and should not
be changed now as a matter of clemency.
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,
WwW. eh,
Executive r or
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