DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001 :
ARLINGTON, VA 22204-2490
TIR
Docket No: 3136-13
19 February 2014
This is in reference to your application for correction of your
‘naval record pursuant to the provisions of Title 10, 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 19 February 2014. The names and votes of the
members of the panel will be furnished upon request. 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. i
You enlisted in the Marine Corps and began a period of active
duty. on 27 December 1983. You served for nearly six months
without disciplinary incident, but: during the period from 21 June
1984 to 28 May 1985, you received nonjudicial punishment (NUP) on
three occasions for destruction of property ($30 photograph),
failure to go to your appointed place of duty, failure to obey a
lawful order, making a false official statement, and five
specifications of uttering insufficient ‘funds checks totalling
$481.16. rer 8 4 -_
Presumably you were notified of administrative separation by
- yeason of misconduct due to drug abuse. After consulting with
legal counsel, you elected to present your case to an .
administrative discharge board (ADB). " In July 1985 an ADB
recommended ‘separation under honorable conditions by reason of
misconduct due to a pattern of misconduct. Subsequently, your
commanding officer, in concurrence with the ADB, also recommended
separation under honorable conditions by reason of misconduct due
to a pattern of misconduct. The discharge authority approved
these recommendations for separation and directed a general
discharge under honorable conditions by reason of misconduct, and
on 10 July 1985 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness ‘of your repetitive misconduct which resulted in three
NUJPs. Accordingly,..your application has been denied.
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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