DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 100T
ARLINGTON, VA 22204-2490
TJIR
Docket No: 5581-13
30 May 2014.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 28 May 2014. The names and votes of the
members of the panel will be furnished upon request. 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 ‘Brebabhe material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 6 December 1994. You served for a year and four months
without disciplinary incident, but on 15 April 1996 and again on
6. June 1997, you were convicted by summary court-martial (SCM) of
larceny of government property, conspiracy, and burglary. On 5
August’ 1997 you received nonjudicial punishment (NJP) for
disobedience.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
at which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 30 September 1997 your commanding
officer recommended: discharge under other than honorable
conditions by reason of misconduct due to a pattern of |
misconduct. On 3 October 1997 the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct, and on 22 October
1997 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
‘your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
‘seriousness of your repeated misconduct which resulted in NUP and
two SCMs. Further, you were given an opportunity to defend your
actions, but waived your procedural rights. Accordingly, your
application has been denied.
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,
ek SD So
ROBERT D. 4ASALMAN
Acting Executive Director
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