DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 9618-12
1 April 2014
‘|
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 25 September 2013. 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, tegether 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. .
The Board found that you reenlisted in the Marine Corps on 25
July 1998 after more than seven years of prior active service.
A special court-martial convened on 28 March 2001 and found you
guilty of wrongfully fraternizing with an: énlisted female on
three occasions, and dishonorably failing to pay just debts.
The court sentenced you to hard labor for 30 days, confinement
for 30 days, and reduction - ‘in rate: “On 3 August 2001 you
received a discharge under other than honorable conditions by
reason of misconduct due to the commission of a serious offense.
The specific facts and circumstances of your discharge
processing are not contained in the available record.
I
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and family problems. The Board concluded
that these factors were insufficient to warrant
recharacterization of your service due to the serious nature of
your misconduct. 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,
: RAS 9
ROBERT D. ZASALMAN
Acting Executive Director
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