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NAVY | BCNR | CY2014 | NR0330 14
Original file (NR0330 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

BC
Docket No: .00330-14
10 July 2014

 

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 9 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 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 26 June 2002. On 25 July 2003, you received nonjudicial
punishment (NUP) for failure to obey an order/regulation by
underage drinking. On 23 July 2009, you received NJP for
failure to obey an order/regulation by consuming alcohol and
then driving a motor vehicle with the blood alcohol content
level of .17, twice the legal limit. On 20 October 2009, you
received counseling informing you that you were not recommended
_ for promotion. You were released from active duty and ,

transferred to the reserve component on 28 September 2013, with
an honorable characterization of service and assigned an RE-3C
(when directed by the Commandant of the Marine Corps or when
eligible and disqualifying factor is not covered by any other
code) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors present in
your case. However, the Board found those factors were
insufficient to warrant any change in your reentry code, given
your record of two alcohol related NUP’s. The Board also noted
that you were fortunate to receive an honorable discharge since
a separation under other than honorable conditions is often
directed when an individual is found to have committed
misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished

The Board recommended that you affiliate with a reserve unit as
soon as possible and begin drilling. Your end of obligated
service is 28 September 2014.

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. ASALMAN
Acting Executive Director

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