DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001,
ARLINGTON, VA 22204-2490
BC
Docket No: 00334-14
1 August 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 30 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 9 September 1997. On 17 June 1998, you received
counseling concerning your substandard performance by failing
the physical fitness test. On 14 March 2000, you received
nonjudicial punishment (NJP) for larceny of seven video tapes
and a piggy bank worth $92 from a fellow Marine. Between 22 May
2003 through 29 June 2004, you received four additional
counseling’s concerning your failure to obey an order, bad
judgment, lack of responsibility, being absent from your
appointed place of duty and failure to exhibit military bearing.
On 27 September 2008, you signed an acknowledgment that you were
being assigned an RE-1B (recommended, eligible and requested
retention but denied by Commandant of the Marine Corps) reentry
code. You were Gischarged on 15 January 2009, in pay grade E-5
with an honorable characterization of service.
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 NUP for misconduct and other inappropriate
behavior. 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 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,
ROBERT D. “ZSALMAN
Acting Executive Director
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