DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 8519-13
11 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 6 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 18 June
2004. You received nonjudicial punishment on four occasions for
offenses that included failure to obey a lawful order,
disobedience of a lawful order, and willful disobedience of a
regulation.
On 19 October 2007 an administrative discharge board recommended
that you be separated with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct. After review by the discharge authority, the
recommendation for separation was approved and on 7 February
2008 you were separated with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth, overall
service record. and the unsubstantiated contention that your
misconduct was’ the direct result of posttraumatic stress
disorder. The Board concluded that those factors were
insufficient to warrant upgrade of your discharge, given the
repeated nature of your offenses. 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,
tan
ROBERT D. ZSALMAN
Acting Executive Director
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