DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4077-13
26 March 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 March 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 the evidence submitted ‘was. insufficient
to establish the existence of probable material error. or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 30 August 1962 at age 17. On 14 November 1963, you
received nonjudicial punishment (NUP). for failure to obey a
lawful regulation. On 8 December 1964, you were convicted by -
summary court-martial (SCM) of wrongful appropriation and
failure to go to your appointed place of duty. On 5 April 1965,
you were convicted by special court-martial (SPCM) of failure to
go to your appointed place of duty, unauthorized absence (UA)
from your unit for one day, failure to obey a. lawful regulation
and wrongful appropriation of government | ‘property. On 28 May
1965, you.were convicted by civil, court of burglary. You were
committed to the California Youth. ‘Authority. ° - On 26 July 1965,
you were notified of pending administrative discharge. processing
with an other than honorable (OTH) discharge due to misconduct .
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB}. On 24 November
1965, you received the OTH discharge for misconduct (civil
conviction}. :
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
' resulted in an NUP, an SCM, an SPCM and a civil conviction: The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characteriaatien of
service. Finally, there is no provision of law or in Marine
Corps regulations that allows for recharacterization of service
due solely to the passage of time. Accordingly, 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,
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2013 | NR4068-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . _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. 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.
NAVY | BCNR | CY2013 | NR8945 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2013 | NR6780 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05791-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR5417 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 June .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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR4990 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive, session, considered your application on 7 May 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR4306 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in five NJPs and a civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2013 | NR4993 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 01596-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 November 2009. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2013 | NR801 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...