DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
TUR
Docket No: -6050-13
6 June 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 3 June 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 probable material error or.
injustice, © °°
You enlisted in the Marine Corps and began a period of active
duty on 14 July 1992. You served for about a year and four
months without disciplinary incident, but‘on:4 November 1993, you
received nonjudicial punishment-:{(NJP} for’ indebtedness.
On. 15 August’ 1994°you--began a period of‘ ‘unauthorized absence (UA)
that was not terminated until-you wére ‘apprehended by civil
authoritiés on’30 August 1994. As-a result, you.were charged
with theft of an autoricbile arid held in confinement. pending trial
for the offense. -While in custody of-civil authorities, ‘you were
processéd for‘an administrative’ séparation by reason of
misconduct due to commission ofa sériétis offense. After waiving
your procedural rights, on 4 Novémber 1994, your commanding
officer recommended. discharge under.other than: honorable:
conditions by reason of misconduct due to commission of a serious
offense. On 5 January 1995, thé discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct, and on 13 January
1995, you were so discharged!’ 2° 2 0 ss oo
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, desire to upgrade your discharge for
employment purposes, and assertion that your discharge had been
previously recharacterized. It also considered your request for
a copy of your Certificate of Release or Discharge from Active
Duty (DD Form 214). Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct in both
the military and civilian communities. Further, you were given
an opportunity to defend your actions, but waived your procedural
right. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. Accordingly, your
application has been denied.
Regarding your request for a DD Form 214, you may obtain a
complete copy of your naval record by submitting the enclosed
Request Pertaining to Military Records, SF 180, to National
Personnel Records Center (Military Personnel Records), 9700 Page
Boulevard, St. Louis, MO 63132.
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
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