. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
TAL .
Docket No: 8954-13
2 October 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 24 September 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 20 January 1995 at age 23. You received nonjudicial punishment
(NJP) on two occasions for wrongful appropriation of compact
disks, wrongful possession of another Marine’s clothing items,
making a false official statement, and wrongfully impersonating a
corporal. On 30 March 1999, you were convicted by summary court-
Martial (SCM) of wrongful procession and use of marijuana, six
instances of having sexual intercourse with a woman not your wife
and wrongfully trying to impede an investigation. Based on the
information currently contained in your record it appears that you.
were subsequently involuntarily processed for separation by reason
of misconduct. In connection with this processing, you would have
acknowledged the separation action and the separation authority
would have approved a recommendation for separation. The record
clearly shows that on 30 April 1999, you were discharged with an
other than honorable (OTH) separation due to misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
ef your discharge: due to the seriousness of your misconduct that
Yesulted in two NJPs and an SCM. 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 J. O'NEILL
Executive Director
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