DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
BIG
Docket No: 3348-13
15 September 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.
You requested removal of a nonjudicial punishment (NJP) anda
summary court-martial (SCM), reinstatement of pay grade E-5, and
upgrading of your RE-4 (not recommended for retention) reentry
code.
In block 9 of your application, you stated that you had attached
the following: “..medical records, letter from [Veterans Affairs]
representative for [Subject named Marine’s] state Senator's
office, photos of vandalism, letters from witnesses, and
[tele] phone records of harassment and proof of false charges.”
These pieces of evidence were not attached to your application.
Since your discharge is less than 15 years old, you may apply to
the Naval Discharge Review Board (NDRB) for a possible change of
character of service and narrative reason for separation. I
have enclosed a copy of NDRB’s application form for your
convenience.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 September 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. In addition, the Board considered the
undated advisory opinion from Headquarters Marine Corps, a copy
of which is attached.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
‘You reenlisted in tfe Marine Corps on 2 March 2007 after more
- than seven years of prior honorable service. On 12 December
"2012, you received NUP for four periods of unauthorized absence
(UA) and disrespect (two instances). On 12 March 2008, you were
convicted by an SCM of two periods of UA and disrespect. You
were then advised that your command was administratively
separating you with an other than honorable (OTH)
‘characterization of! service due to misconduct. You waived your
procedural right to an administrative discharge board in
exchange for a general characterization of service. On 15
October 2008, you were discharged in pay grade E-2 with a
general characterization of service due to misconduct, and
assigned an RE-4 reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior honorable
service and desire to return to active duty. However, the Board
concluded that you have failed to prove an error or injustice in
the imposition of the NJP and SCM and they shall remain in your
official military personnel file. Since the Board found no
basis to remove your NIP or SCM, it had no basis to reinstate
you in pay grade E-5 or upgrade your RE-4 reentry code.
In view of the above, 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,
LGM HAE
ROBERT J. O'NEILL
Executive Director
Enclosures
NAVY | BCNR | CY2013 | NR5168 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 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. The Board also considered the report of the Naval Discharge Review Board (NDRB) dated 22 September 1972, a copy of which is attached.
NAVY | BCNR | CY2013 | NR4355 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. On 9 February 2010, you completed your active duty obligation in pay grade E-1, were honorably transferred to the Navy Reserve, and assigned an RE-4 (not. 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.
USMC | DRB | 2010_Marine | MD1001365
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Subsequently, on 10 July 2008, he received NJP for those same offenses and awarded a suspended punishment. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge.
USMC | DRB | 2009_Marine | MD0901436
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. By a vote of the Narrative Reason shall MISCONDUCT.Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...
USMC | DRB | 2014_Marine | MD1400625
There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits, and this issue does not serve to provide a foundation upon which the Board can grant relief.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant...
USMC | DRB | 2009_Marine | MD0900718
You knowing and willingly accepted an unauthorized phone call thus violating a Military Protection Order. Types of Documents Submitted/reviewed Related to Military Service: DD 214: Service/Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation: From Congress member: Other...
NAVY | BCNR | CY2002 | 05717-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 4 April 2000 you received nonjudicial punishment (NJP) for one day of unauthorized absence (UA) and were awarded restriction for two months and a forfeiture of $2,556, all of which was suspended for six months. ...
USMC | DRB | 2010_Marine | MD1000625
At the administrative separation board (ASB), by a unanimous vote (3-0), they determined that the preponderance of evidence supported the act or omissions, that the Applicant should be separated from the Marine Corps and that his characterization of service should be Under Other Than Honorable Conditions. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found...
NAVY | BCNR | CY2012 | 01145 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2012. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record of three NJP’s, two convictions by SPCM’s, and by two SCM’s of serious misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
USMC | DRB | 2010_Marine | MD1000917
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Summary : After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service at discharge shall , however, the narrative reason for separation shall remain .The Applicant is no longer eligible for additional reviews or hearings by the NDRB. ...