Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR5369 13
Original file (NR5369 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BIG
Docket No: 5369-13
19 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 14 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. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 14 August
1996, 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 24 May 1984. You received nonjudicial punishment on six
occasions and were convicted by a summary court-martial. Your
offenses included failure to go to your appointed place of duty
{two instances), unauthorized absence (six instances), failure
to obey a lawful order (three instances), disrespect, and
sleeping on post. You were then advised that your command was
processing you for administrative separation with an other than
honorable (OTH) characterization of service due to misconduct.
You waived your procedural right to have your case heard by an
administrative discharge board (ADB). On 10 March 1986, you
received the OTH characterization of service due to misconduct,
and were assigned an RE-4 (not recommended for retention)
reenlistment code. ,

In its review of your application, the Board carefully
considered all potentially mitigating factors, such as your
youth, post service good conduct, and current desire to upgrade
your discharge. The Board concluded, however, that your
discharge should not be changed due to your numerous acts of
misconduct. The. Board particularly 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 cf 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,

ye DD | a

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

Similar Decisions

  • NAVY | BCNR | CY2013 | NR5842 13

    Original file (NR5842 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You waived your procedural right to have your case heard by an administrative discharge board (ADB). 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 | NR9033 13

    Original file (NR9033 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your _ application on 1 October 2014. You waived your procedural right to have your case heard by an administrative discharge board (ADB). 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 | CY2014 | NR9033 13_Redacted

    Original file (NR9033 13_Redacted.pdf) Auto-classification: Denied

    You were then advised that your command was recommending you for administrative separation with an other than honorable (OTH) characterization of service due to misconduct. You waived your procedural right to have your case heard by an administrative discharge board (ADB). 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 | NR3613 13

    Original file (NR3613 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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 of probable...

  • NAVY | BCNR | CY2013 | NR5667 13

    Original file (NR5667 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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 | NR6780 13

    Original file (NR6780 13.pdf) Auto-classification: Denied

    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 | CY2013 | NR5931 13

    Original file (NR5931 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application 3 June 2014. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 | CY2014 | NR2447 14

    Original file (NR2447 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You exercised your procedural right to have your case considered by an administrative discharge board (ADB). 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 | NR5808 13

    Original file (NR5808 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2014. You were then advised that your command was administratively separating you with an other than honorable (OTH) characterization of service due to misconduct. 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 | NR5320 13

    Original file (NR5320 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 14 May 2014. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct. 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.