DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 511-13/
74-13
24 October 2013
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 16 October 2013. 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 and began a period of active
duty on 6 July 1993. You served for about a year without
disciplinary incident, but during the period the period from 29
June 1994 to 11 January 1995 you received nonjudicial punishment
(NJP) on four occasions for three periods of absence from your
appointed place of duty, two specifications of failure to obey a
lawful order, two specifications of wearing earrings, and five
specifications of breaking restriction.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to minor disciplinary infractions.
After waiving your procedural right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB), your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to minor
disciplinary infractions. On 22 February 1995 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 17 March 1995 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your 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 repeated misconduct which resulted in four NUPs.
Further, 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,
LO Doan Pex
W. DEAN PFELTKFE
Executive Direct
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