DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4702-13
9 April 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 8 April 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. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 6 June 1995, a
copy of which is attached.
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 30 March 1988. You received nonjudicial punishment on
five occasions for failure to obey a lawful order (two
instances), disobeying a lawful order, five periods of
unauthorized absence totaling nine days, wrongful appropriation,
failure to go to your appointed place of duty (two instances),
and dereliction of duty. You were advised that your command was —
initiating administrative discharge processing with an other
than honorable (OTH) characterization of service due to
misconduct. You waived your procedural right to have your case
considered by an administrative discharge board (ADB). On 27
January 1992, you received the OTH characterization of service
due to misconduct, and were assigned an RE-4 (not recommended
for retention) reentry code.
In its review of your application, the Board carefully
considered all potentially mitigating factors, such as your
youth and remorse. The Board concluded, however, that your
discharge should not be upgraded due to your numerous acts of
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. 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,
(BS 9
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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