DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1007
ARLINGTON, VA 22204-2490
SIN
Docket No: 6723-13
6 August 2014
Thig 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 5 August 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 25 September 1984. The Board found that on 18 September
1986, you were counseled regarding uttering insufficient fund
checks. You were warned that further misconduct could result in
administrative discharge action. During the period from 25
November 1986 to
27 May 1987, you received four nonjudicial punishments (NJP's)
for five periods of unauthorized absence (UA) totaling 14 days,
two instances of disobedience, ana uttering eight insufficient
fungs checks. Additionally, you were counseled regarding your
involvement with military authorities and warned again that
further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 13 July 1987, your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 14 July 1987, you received a fifth NJP for
being absent from your appointed place of duty and four days of
UA. On 27 July 1987, the separation authority directed an OTH
discharge by reason of misconduct due to a pattern of misconduct.
You were so discharged on 5 August 1387.
The Board, in itsereview of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your five NUP'’s, one
of which was after you were notified you were being processed for
administrative separation. The Board also 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,
SSD. Tm
ROBERT D. ZSALMAN
Acting Executive Director
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