DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00649-14
23 June 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 18 June 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
_Yecord, 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 16 January 2007. On 16 July 2008,. you received
counseling concerning an alcohol related incident that you were
involved in. On 28 July 2008, you were directed to attend the
impact substance abuse program. On 27 August 2008, you received
nonjudicial punishment (NJP) for failure to obey an
order/regulation and operating a vehicle while under the
influence of alcohol. On 15 September 2008, you received
counseling and were informed that you were not recommended for
promotion for October 2008. Between 14 October and 18 November
2008, you were informed that you were not recommended for
promotion due to pending legal action. On 30 March 2009, you
received counseling concerning your violation of failure to obey
an order/regulation on several occasions. On 5 February 2010,
you received counseling for speeding. You were separated on 15
July 2011, with an honorable discharge due to non-retention on
active duty 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 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
‘Chan 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,
~ ye S (A ——
ROBERT D. 4SALMAN
Acting Executive Director
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