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NAVY | BCNR | CY2013 | NR3590-13
Original file (NR3590-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
_ ARLINGTON, VA 22204-2490

BJG
Docket No: 3590-13
24 February 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 19 February 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 Bkatutes,,

“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 mabental

error or injustice.

You. enlisted in the Marine Corps and entered active duty on 26
December 1990. You received. nonjudicial punishment for failure
to obey a lawful order and being drunk and disorderly. You also

failed to meet Marine Corps height and weight standards. You

were then administratively processed for separation due to
weight control failure with a type warranted by service record
characterization of service. On 3 June 1994, you received a
general characterization of service due to weight control

failure, and were assigned 3 an RE- 3P (weight control failure)

reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed because of
your failure to meet height and weight standards and misconduct.
You are advised that no discharge. is upgraded due merely to the
passage of.time or post service good conduct. 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, |
IR a DD fo~ a

ROBERT D. ZSALMAN
Acting Executive Director

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