DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
THR
Docket No: 7170-12
23 October 2012
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 2012. 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 te 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 on 17 October 1995 at age 18.
You served for about eight months without disciplinary incident,
but on 6 June 1996 you received nonjudicial punishment (NJP) for
making a false official statement. On 3 December 1996 you
received NUP for failure to obey a lawful order.
On 11 August and again on 7 October 1997 you received NUP for
disrespect, communicating a threat, making a false official
statement, and wrongful solicitation. Shortly thereafter, on 16
October 1997, you were convicted by civil authorities of criminal
domestic violence and sentenced to confinement for 30 days. Less
than a month later, on 10 November 1997, you were again convicted
by civil authorities of unlawful use of a telephone and sentenced
to community service for 30 days and probation for two years.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct. 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 a pattern of
misconduct. The discharge authority approved this recommendation
and directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 18 December
1997 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and 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 frequent and repetitive misconduct in both the military
and civilian communities. Finally, you were given an opportunity
to defend yourself, 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 inj Ustiee.
Sincerely,
” Fe ein Sy cag
ROBERT D. ZSALMAN
Acting Executive Director
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