DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SUN
Docket No: 04854-10
3 March 2011
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 March 2011. 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 Navy and began a period of active duty on
28 January 2000. The Board found that on 23 January 2003, you
received nonjudicial punishment (NUP) for unauthorized absence,
disobedience of a protective order, spousal assault consummated
by a battery, and child neglect. Further, you were found to be a
Family Advocacy Program Treatment failure for a second
substantiated case while enrolled in a Men’s Domestic Violence
Group Treatment Program. Subsequently, administrative discharge
action was initiated by reason of misconduct due to a commission
of a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your case was Forwarded recommending that
you be discharged under other than honorable (OTH) conditions by
reason of misconduct. The discharge authority concurred and
directed an OTH discharge by reason of misconduct due commission
of a serious offense. You were go discharged on 27 March 2003.
At that time you were assigned a RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant changing your reentry code given your
NIP for very serious offenses, and the fact that you were a
Family Advocacy Program Treatment failure. Finally, you were
assigned the appropriate code based on your circumstances.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
4 ¥
Since your discharge 1s less¥than 15 years old, you may apply to
tHe Naval Discharg@# Review Board (NDRB) for a possible upgrade.
I, have enclosed NDRB’s application form for your convenience.
? < .
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 fora correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
USMC | DRB | 2013_Marine | MD1301376
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