DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON :
Docket No: 01805-13
16 January 2014
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 14 January 2014. 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 16 September 1992, The Board found that during the
period from-26 May 1993 to 25 October 1995, you received five
nonjudicial punishments (NJP‘s) for driving under the influence
of alcohol, underage: drinking, two instances of being absent from
your appointed place of duty, and two instances of disobedience.
Additionally you were counseled and warned on eight occasions
that further misconduct could result in administrative discharge
action. Subsequently, on 9 January 1996, administrative
separation action was initiated to separate you by reason of
misconduct due to minor disciplinary infractions. You waived _
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded to the separation authority recommending an under
other. than honorable (OTH) discharge by reason of misconduct.
The separation authority concurred and directed an OTH by reason
of misconduct due to minor disciplinary infractions. You were so
discharged on 13 February 1996.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, and character letter.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge
given your five NUP's, numerous counseling’s, and the fact that
you were warned of the consequences of further misconduct.
Finally the Board noted that you waived the right to an ADB, your
best chance 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,
ROBERT So
Acting Executive Director
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