DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02687-13
2 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 1 April 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 20 March 1986. The Board found that during the period
from 12 March 1987 to 18 December 1992, you received two
nonjudicial punishments (NJP's) for disobedience and disrespect.
You were also convicted by two summary courts-martial (SCM) of
two specifications of disobedience and assault. Additionally,
you were counseled on more than one occasion regarding your
misconduct, and warned that further misconduct could result in
administrative discharge action. Subsequently, on 15 January
1983, administrative discharge action was initiated by reason of
Misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 15 January
1993, your case was forwarded recommending that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
misconduct. You were so discharged on 29 January 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUP’s, SCM
convictions, and the fact that you were warned of the
consequences of further misconduct after your first NUP. The
Board also noted that you waived the right to an ADB, your best
_.chance for retention or a better characterization of service.
_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,
TBS OR
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR2507-13
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. The separation authority concurred and directed an OTH discharge by reason of misconduct due to a pattern of misconduct. 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.
NAVY | BCNR | CY2013 | NR2510-13
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2014. You were "80 discharged .On 29 October 1992. , Ce The Board, in its review of your application, carefully weighed all potentially’ mitigating factors, such as your record of service, post service accomplishments, character letters, and desire to upgrade your discharge. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2007 | 06094-07
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. In connection with this processing you acknowledged that separation could result in an other than honorable (OTH) discharge and elected the right to have your case heard by an administrative discharge board (ADB). Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2011 | 00934-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 November 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 03405-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2011. 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. The discharge authority concurred and directed an OTH discharge by reason of misconduct due to pattern of misconduct.
NAVY | BCNR | CY2012 | 00583-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 01911-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2008. 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. Nevertheless, the Board concluded that these factors and your belief were not sufficient to warrant recharacterization of your discharge due to the...
NAVY | BCNR | CY2014 | NR021 14
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. An RE-4 reentry code is required when a Marine is discharged due to misconduct and is not recommended for retention.
NAVY | BCNR | CY2010 | 00949-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2010. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your NUP and...
NAVY | BCNR | CY2013 | NR8344 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2014. 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. on 20 August 1986, you received NUP for breaking restriction.