DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4305-13
14 May 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 7 May 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 reenlisted in the Marine Corps on 27 June 1980 after two
years of prior honorable service. You were arrested by the San
Diego, California police department for wrongful possession of
cocaine. On 13 January 1982, you were placed on six to 24
months probation by the Municipal Court of California, San
Diego, California, as a result of your motion for diversion.
The proceeding was suspended on the condition that you
participated in a drug education, rehabilitation or treatment
program, and to notify the probation department of any arrest or
additional charges. On 21 January 1982, you were convicted in
Municipal Court in California of malicious damage or destruction
of the property of another. The sentence imposed was to pay a
fine of $100 and to have no contact with the victim without
written permission. You were notified of pending administrative
discharge processing with an other than honorable (OTH)
discharge due to misconduct (civil conviction). You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 25 March 1982, 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 prior
honorable 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 ,typagivil convictions. The Board noted that you
waived your right to an ADB, your best opportunity for retention
.or a better characterization 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
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