DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07599-13
14 August 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 13 August 2014. Your allegations of errer 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 on 26 April 1995. You received
numerous counseling’s concerning your failure to successfully
complete the physical fitness assessment and being assigned to
the weight control program. On 12 September 1996, you received
nonjudicial punishment (NJP) for making and uttering worthless
checks in the amount of $522. On 26 November 1996, you received
NUP for larceny. Thereafter, administrative separation action
was initiated by reason of misconduct. After being advised of
your procedural rights, you waived your right to have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions (UOTHC). On 12
March 1997, the discharge authority approved the recommendation
and directed a discharge UOTHC. You were so discharged on 18
April 1997 and assigned an RE-4 (not recommended for
reenlistment) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case. It
found those factors insufficient to warrant upgrading your
characterization of service, given your misconduct. In
addition, the Board noted that you waived your right to an ADB,
your best opportunity for retention and a more favorable
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 itts 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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