DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5021-14
8 May 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
6 May 2015. 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 20 October 1987. You served for eight months without
disciplinary incident, but during the period from 13 June 1988 to
22 March 1991, you received nonjudicial punishment (NJP) on two
occasions and were convicted by special court-martial (SPCM) on
two occasions. Your offenses were failure to go to your
appointed place of duty, unauthorized absence (UA) from your unit
for a period of 105 days, breaking restriction and assault.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
at which time you waived your procedural rights 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 a pattern of misconduct. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 13 July 1991, 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 relief in
your case because of the seriousness of your repeated misconduct
that resulted in two NJPs and two SPCMs. Accordingly, you
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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’NEILL
Executive Director
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