DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 10398-12
23 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 23 October 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 Boar consisted of
your application, together with all material submitted is
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.) a .
The Board found that you enlisted in the Marine Corps on 3
August 1987. You received nonjudicial punishment on four
occasions for offenses that included two periods of unauthorized
absence, absence from your appointed place of duty on two
occasions, and wrongful use of' cocaine on two occasions.
On 17 January 1991 your commanding officer recommended that you
be separated with a discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct. After review by the discharge authority, the
recommendation for separation was approved and on 27 February
1991 you were separated with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth, overall
record of service, and good post service conduct. The Board
concluded that these factors were insufficient to warrant |
upgrade of your discharge, given the seriousness of your
offenses. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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