DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No:8395-06
3 May 2007

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 1 May 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 26 May 1987 at age 23. During the period from 20 January to 16 February 1988, you received nonjudicial punishment on four occasions. Your offenses were an unauthorized absence of about 15 days, failure to go to your~appointed place of duty and two instances of disobedience. During this period, you were counseled that further misconduct could lead to discharge processing.

Based on the foregoing record, you were processed for an administrative discharge by reason of misconduct. Although the discharge documentation is not filed in the record, the Board assumed that you were processed for separation in accordance with applicable regulations. On 18 March 1988, you were discharged under other than honorable conditions.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as the length of time since your discharge. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct and failure to respond to counseling. The Board concluded that the discharge was proper as issued and no change is warranted.

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,

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