DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE ioot
ARLINGTON, VA 22204-2490
ne _ __. a
Docket No: 6679-13
30 July 20124
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 29 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 Corps and began a period of active
duty on 27 October 1992. The Board found that on 31 March 1993,
“you received nonjudicial punishment (NJP) for 11 days of
unauthorized absence. You received a forfeiture of pay,
restriction and extra duty. Additionally, you were counseled and
warned that further misconduct could result in administrative
discharge action. On April 1993, you were authorized permission
to attend religious services, and instructed to return to your
command at a pre-determined time. Instead, you became
intoxicated and did not return until after the time you were to
report. On 18 April 1993, you broke restriction, and were
arrested by civil authorities on 19 April 1993 for armed robbery
of an elderly woman. Subsequently, administrative discharge
action was initiated by reason of misconduct due to commission of
a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). On 1 August 1993, your case was forwarded
_—______recommending_that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 3 September 1993,
you pled guilty to aggravated robbery and were sentenced to a
year in jail, a fine, restitution to the victim, and a period of
probation. On 27 December 1993, the separation authority
concurred and directed an OTH discharge by reason of misconduct.
On 30 December 1993, you were so discharged.
: The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NJP, the fact
that you were warned of the consequences of further misconduct,
and civil conviction of a very serious offense. Finally, the
‘Board noted that you waived the right to an ADB, your best chance
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,
TS SS A t—_
ROBERT D. ZSALMAN
Acting Executive Director
*
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