DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001 -
ARLINGTON, VA 22204-2490
TIR
Docket No: 3934- 13
25 March 2014
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 25 March 2014. 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 conaidered 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 23 June 1986. You served for about a year and six months
‘without disciplinary incident, ‘but during the period from 22
November 1988 to 12 December 1989, “you received nonjudicial .
punishment (NJP) on four occasions and were convicted by special
court-martial (SPCM) and summary court-martial {SCM}. Your
offenses.Were absence from your appointed place of duty, uttering
a $150 check without sufficient funds; insubordination,
disrespect, disobedience, wrongful possession of alcoholic
beverages, underage drinking, two specifications of destruction
of government property valued at $278, assault, and- two —
‘Specifications of drunk and’ disorderly conduct.
Subsequently, you were processed for*an adihinistrative separation .
by reason of misconduct due toa pattern of misconduct. After ,
waiving your procedural rights, your commanding officer:
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct. On 26 June
1990 the discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct, and on 13 July 1990, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors,. such as
your post service conduct and desire to upgrade your discharge.
It also considered the character reference letters provided in
support of your case. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in four NJPs, and two court-martial
convictions.. Further, you were given an opportunity to defend
your actions, but waived your procedural right. 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 ta 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.
a Sincerely,
RRO, Kee
ROBERT D.~ZSALMAN
Acting Executive Director
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