DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6325-13
24 July 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 9 July 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.
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 Corp and: began a period of active
duty on 27 July 1981 at age 18. You received nonjudicial
punishment (NJP) on three occasions for four instances of
failure to go to your appointed place of duty, wrongful use of
Marijuana, and-failure to obey an order given by a superior
commissioned officer. On 2 December 1982, you were evaluated
and assigned to the weight control program. You were counseled
and warned that your failure to conform to the Marine Corps
weight and appearance standards could result in administrative
discharge action. On 7 March 1985, you were notified of pending
administrative discharge processing with a general discharge due
to unsatisfactory performance. You waived all of your
procedural rights. On 4 April 1985, you received the general
discharge for unsatisfactory performance, and were assigned an
RE-3B reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NJPs and the fact you did not adhere to your
command’s remedial weight control program. Finally, there is no
provision of law or in Marine Corps regulations that allows for
recharacterization of service due solely to passage of time.
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,
RR 9D Sees
ROBERT D. Z2SALMAN
Acting Executive Director
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