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NAVY | BCNR | CY2013 | NR6863 13
Original file (NR6863 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 6863-13
23 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 23 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 that 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 19 June 1978. You received nonjudicial punishment on
two occasions and were convicted by two summary courts-martial.
Your offenses included failure to go to your appointed place of
duty, unauthorized absence (two periods totaling 79 days),
disrespect (four instances), larceny (two instances), unlawful |
entry (two instances), conduct prejudicial to good order and
discipline, communicating a threat, disobeying a lawful order,
and breaking restriction (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 21 August 1981, 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, remorse,
alcohol abuse issues, and current desire to upgrade your
discharge. However, the Board concluded that your discharge
should not be changed due to your numerous acts of misconduct.
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 he
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

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