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NAVY | BCNR | CY2012 | 10583 12
Original file (10583 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

CRS
Docket No: 10583-12
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, together with all material submitted in

support thereof, your naval record and applicable statutes,
regulations and policies.

:F : . ' . * .
After careful and conscientious consideration of the entire

_¥Fecord, the Board found that the evidence submitted was

insufficient to establish the existence of probable material
error or injustice... : OS

The Board found that you reenlisted in the Marine.Corps on 7
January 1992 after more than three- years of prior active —
service. You received nonjudicial and were convicted by a
Special court-martial of absence from appointed place of duty,
failure to pay just debts, and two periods of unauthorized
absence totaling 98 days. On 5 April 1996 you received 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 personal problems. ‘The Board concluded

that these factors were insufficient to warrant .

recharacterization of your service as théy do not demonstrate
iy
that you were discharged in error. 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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