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NAVY | BCNR | CY2012 | 11248 12
Original file (11248 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS .
Docket No: 11248-12
21 May 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 20 May 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Marine Corps on 30
September 1980. You received nonjudicial punishment on five
occasions and were convicted by a summary court-martial of two
periods of unauthorized absence, consuming alcoholic beverages
while in the field, willful disobedience of a lawful order,
drunk and disorderly conduct, wrongful appropriation of
government property, breaking restriction on four occasions,
destruction of government property, wrongful appropriation of
personal property of another Marine, and disobedience of a
lawful order. On 22 April 1983 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 and
overall service. The Board found these factors insufficient to
warrant recharacterization of your service in view of your
extensive disciplinary record. 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,

© rehab

ROBERT D. ZSALMAN
Acting Executive Director

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