DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00258-14
14 March 2014
x
This-is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 12 March 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. Bropaele material error or
injustice. ,
You enlisted in the Marine Corps and began a ‘period of active
duty on 19 February 2008. Between 11 March 2009 and 22> December
2011, you received three nonjudicial punishments (NJP’s) for the
following offenses: being absent from your appointed place of
duty, driving under the influence (DUI) of alcohol and
disobeying a direct order: On 27: December 2011, you received
' counseling and acknowledged that. you. were not recommended for
" promotion for three months due to your NUP’s. You were
separated on 18 February 2012, with an honorable
_ characterization of service and assigned | an -RE-4 (not
recommended for reenlistment) reentry code.
The Board, in its: review of ‘your entire record and application,
carefully weighed all potentially mitigating factors present in
- your case, such as your dismissed DUI civil charge. However,
the Board found those factors insufficient to warrant any change
in your reentry code, given your record of misconduct and non-
recommendation for retention. The fact that civil authorities
dismissed the charge of DUI does not invalidate the NUP you
received for this: offense. 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 décision 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, .
TRS Ba
ROBERT D. ZSALMAN
Acting Executive Director
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