DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 08340-13
11 September 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 9 September 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 24 January 1984. The Board found that during the period
from 11 April 1985 to 28 July 1986, you received four nonjudicial
-punishments (NJP’s) for uttering checks with insufficient funds,
‘making a false official statement, unauthorized absence,
disrespect, and disobedience. Subsequently, administrative
discharge action was initiated by reason of misconduct due toa
pattern of misconduct. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). on 16 September 1986, your
commanding officer forwarded his recommendation that you be
discharged under other than honorable (OTH) conditions by reason
‘of misconduct. On 1 October 1986, the separation authority
directed an OTH discharge by reason of misconduct. On 15 October
1986, you were so @ischarged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of four
NJP’s for serious offenses. Further, the Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
ef 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 J. O’NETLOE
Executive Director
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