DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 09464-12
24 October 2012
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 23 October 2012. 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 30 December 1996. During the period from 1 August 1997
to 19 November 1998, you received three nonjudicial punishments
(NJP’s) for three instances of disobedience, unauthorized
absence, and drunk and disorderly conduct. On 30 November 1998,
you were counseled and warned that further misconduct could
result in administrative discharge action. On 25 January 1999,
you were convicted by summary court-martial (SCM) of disrespect
and disobedience. You received confinement and a forfeiture of
pay. Subsequently, administrative discharge action was initiated
by reason of misconduct due to a pattern of misconduct. 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 separation authority concurred and directed an OTH discharge
by reason of misconduct due to a pattern of misconduct. You were
so discharged on 28 April 1999. At that time you were assigned
an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, and desire to change your
RE-4 reentry code. Nevertheless, the Board concluded these
factors were not sufficient to warrant changing your reentry code
given your record of three NJP’s, conviction by SCM, and the fact
that you were counseled and warned of the consequences of further
misconduct after your third NUP. Finally, you were assigned the
appropriate reentry 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.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you have not exhausted
your administrative remedy of applying to the Naval Discharge
Review Board (NDRB). You may apply to NDRB by submitting the
attached DD Form 293.
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,
0 eer te
BERT D. ZSALMAN
Sekine Executive Director
Enclosure
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