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NAVY | BCNR | CY2013 | NR5715 13
Original file (NR5715 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

 

TAL
Docket No: 5715-13
11 June 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 4 June 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the preceedings 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 27 August 1990 at age 18. You were in an unauthorized
absence (UA) status from your unit for a period of 33 days. 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 27 November 1991
you received the OTH discharge for misconduct due to commission
of a serious offense.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth,
honorable service in the Army National Guard, 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. 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,

0 SBS OE

ROBERT D. ZSALMAN
Acting Executive Director

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