DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 12712-14
4 Mav 2015
THiS is in *vetérence tc your application for correction of your
Maval recored pursuant to the provisions of Title 10, United
States Code, Section 1552
BRithough your application was not fiied in a timely manner, the
Board found it in the interest of justice ti acure of
limitations and consider your appliicat:
three-member panel of the Board for Cox
sitting in executive session, considere
29 April 2015 The names and votes of
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You eniistead in the Marine Corps at the age of 24 and began a
period of active duty on 7 Julv 2003. You servea without
disciplinary intraction. fox abou= [our months. However, on. 30
November 2003, you began a period of unauthorized absenc
chat was not terminated until vou were apprehended on 10
2004 Shortly thereafter, on 26 February 2004, you rece
nonjudicial punishment (NUP) for the foregoing period of
punishment imposed was restriction for 60 days anda $1,
forfeiture of pay
Subsequently, vour commanding officer determined that vou were
not recommended for retention or reenlistment, and as such,
recommended discharge under other than honorable conditions by
reason of misconduct due commission of a serious as
evidenced by the NUP. On 29 March 2004, the discharge authority
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———— — —— ~~
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct due to
commission of a serious offense. On 12 April 2004, while serving
in paygrade E-1, you were so discharged and assigned an RE-4
reenlistment code.
The Board, in its review of your record and application, which
included your counsel’s brief, carefully weighed all potentially
mitigating factors, such as your desire to upgrade your other
than honorable discharge, to be reinstated in the military, and
change your narrative reason for separation/separation code and
reenlistment code. The Board also considered your assertions and
your counsel’s allegations of you being an impressionable young
man and heavily influenced by others; and that the record should
be corrected because it is incomplete due to the errors and
injustice by the Marine Corps. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the seriousness of your lengthy period of UA and
nonrecommendation for retention or reenlistment which was based
on your misconduct. In this regard, the Board determined that
your desires and your counsel’s allegations were not enough to
outweigh the significant misconduct you committed. Accordingly,
your application has been denied.
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
within one year from the date of the Board’s decision. 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
Waterial error or injustice.
Sincerely,
ROBERT J. "NEILL
Executive Director
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