DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 2223-13
1 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 5 February 2014. 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 is
Support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscienticus 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 7 May
2001. You received nonjudicial punishment on two occasions and
were convicted by a summary court-martial of failure to obey a
lawful order on two occasions, underage drinking, two periods of
unauthorized absence, and insubordination.
On 29 October 2002 vour 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 26 November
2002 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 post
service good conduct. The Board concluded that these factors
were insufficient to warrant upgrade of your discharge, given
the seriousness of the offenses. Accordingly, your application
has been denied, ‘The names and votes of the members of the
panel will be fyxnighed 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,
et SS a
ROBERT D. ZSALMAN
Acting Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701-5, COURTHOUSE ROAD, SUITE 1001 - ARLINGTON, VA 22204-24906 : TIR