DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG : .
Docket No: 3713-13
26 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 25 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 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’ reenlisted in the Marine Corps on 8 July 1986 after more.
than three years of prior honorable service. Your record is
incomplete,,. but you received nonjudicial punishment on two
occasions for unknown offenses. You were the then notified of
‘pending administrative separation processing with an. under other
than honorable (OTH) conditions characterization of service due
to misconduct. You elected to exercise your procedural right to
have your case considered by an administrative discharge. board -
(ADB). . The ADB met, found that you had committed misconduct,
and recommended that you receive OTH characterization of
service. On 23 September 1988, you were discharged with an OTH
characterization of service due to misconduct, and assigned an
RE-4 (not recommended for retention) reenlistment code.
‘In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, allegation of being the victim of racial
discrimination, post service good conduct, and current desire to
upgrade your characterization of service. However, the Board
concluded that your discharge should not be changed due to your
misconduct. The Board found no evidence in.your record to
' Support your allegation, and you have provided no such evidence.
"You are advised that no discharge is upgraded automatically 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,
oN eee
ROBERT ' D. ZSALMAN
Acting Executive Director
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