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NAVY | BCNR | CY2013 | NR3591-13
Original file (NR3591-13.pdf) Auto-classification: Denied
. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

7701S, COURTHOUSE ROAD, SUITE 1001
’ ARLINGTON, VA 22204-2490

‘BIG
Docket No: 3591-13
20 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 ail 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.

“You enlisted in the Marine Corps and entered a period of active
duty on 28 September 1978,. You received nonjudicial punishment

-- on three occasions for two periods of unauthorized absence (UA)

totaling 10 days and: absence from your appointed place of duty.
You were then advised that your command was adminisicnatively
separating you with an other than honorable (OTH) ©
characterization of service. due to misconduct (two periods o£ UA

' totaling 1,701 days). You waived your procedural right to an

administrative discharge board (ADB). On 1 February 1984, you~
received an OTH characterization of service discharge due to
misconduct, and were aseigned an RE-4 (not recommended for
retention) reentry code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, post
service good conduct, character reference letters and current

desire to upgrade your discharge. However, the Board concluded

that your discharge should not be changed due to your misconduct

and UA periods that totaled more than four years. The Board

noted that you waived the. right to an ADB, your best opportunity
for retention or a better characterization of service. You are

advised that no discharge is upgraded automatically due solely

‘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 Ehe 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,
pn GD. Ree

ROBERT. D. -ZSALMAN
Acting Executive Director

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