DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2343-13
31 January 2014
This isin 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 29 January 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 in
support thereof, your naval record, and applicable statutes,
regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
‘injustice.
You enlisted in the Marine Corps and began a period of active duty
on 9 July 1984 at age 19. You received nonjudicial punishment
(NJP}) on four occasions for failure to obey a lawful regulation by —
breaking curfew, . wrongful possession of two marijuana cigarettes,
two instances of failure to go to your appointed place of duty and
breaking restriction. On 19 February 1986, you were notified of
pending. administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct. You waived all of
your procedural rights, including your right to an administrative
discharge board (ADB). On 25 February 1986, you again received
NJP for four instances of failure to go to your appointed place of
duty. On 18 April 1986, you received the OTH discharge for
misconduct. .
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, such as your youth and |
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness and repetitiveness of
your misconduct that resulted in five NUPs. The Board noted
that you waived your procedural right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, there is no provision of law or in Marine
Corps regulations that allows for recharacterization of service
due solely to the passage of time. Accordingly, your 7
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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