DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 5808-13
21 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 20 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. The Board also considered the report
for the Naval Discharge Review Board dated 24 October 1985, a
copy of which is enclosed.
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 1 May 1974. You received nonjudicial punishment on
eight occasions for absence from your appointed place of duty
(four instances), unauthorized absence (four periods totaling
eight days), failure to obey a lawful order (two instances),
making a false official statement, breaking restriction (three
instances), and wrongful possession of marijuana (two
instances). You were then advised that your command was
administratively separating you with an other than honorable
(OTH) characterization of service due to misconduct. You waived
your procedural right to an administrative discharge board
{ADB}. On 24 September 1975, you received an OTH
characterization of service discharge due to misconduct, and
were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your discharge. However, the Board
concluded that your discharge should not be changed due to your
misconduct and drug abuse. The Board noted that you waived the
right to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is upgraded automatically due solely to the passage of time or
post service good conduct. In view of the above, 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
Enclosure
NAVY | BCNR | CY2013 | NR8236 13
Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The ADB found that you had committed misconduct, and recommended that you receive an OTH characterization of service. 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 | NR8238 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 4 September 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 | CY2013 | NR5842 13
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 | NR4019 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 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 | NR4697 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 8 April 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.
NAVY | BCNR | CY2014 | NR2447 14
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 | NR6723 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 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. You were warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2013 | NR6863 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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 | NR7757 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 19 August 2014. On 9 February 1987, you received an OTH characterization of: service discharge due to Misconduct, and were assigned an RE-4 (not recommended for retention) reenlistment code. Consequently, when applying for a correction of an official naval record, the burden igs on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2013 | NR3628 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 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. The Board found that during the period from 3 June 1982 to 20 January 1984, you received five nonjudicial punishments (NUP’s) for two instances of...