DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS ,
Docket No: 3456-13
28 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 4 December 2013. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. |
The Board found that you reenlisted in the Marine Corps on .2
February 2000 with more than one year of prior active service.
On 24 October 2003 you received nonjudicial punishment for
writing checks on insufficient funds on three occasions.
On 17 April 2009 a general court-martial convened and found you
guilty of communicating indecent language to a child under 16
and committing an indecent act with the same child on your web
camera site. . The court sentenced you to confinement for three
months, forfeiture of all pay and allowances for three months,
‘reduction in rate, and a dishonorable discharge (DD). You were
separated with a DD on 13 May 2011.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and personal problems. The Board concluded
that these factors were insufficient to warrant
recharacterization of your service, given the serious nature of
your misconduct, which ultimately resulted in your discharge.
Accordingly, your application has been denied. The names and
_votes of the members of the panel will be furnished upon
Yrequest. ?
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,
cs BS Tea
ROBERT D. ZSALMAN
Acting Executive Director
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