DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 2408-14
23 March 2015
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,
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. -A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17
March 2015. The names and votes of the members of the panel will-
be furnished upon request. 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, began.a period of active duty
on 15 October 2012, and served for about six months without
disciplinary incident. However, during the period from 4 April
to 11 October 2013, you received nonjudicial punishment (NIP) on
three occasions for wrongful appropriation, disrespect, failure
to obey a lawful order, and assault.
Subsequently, you were administratively separated by reason of
misconduct due to a pattern of misconduct, and as such, not
recommended for retention or reenlistment. The discharge
authority directed separation under other than honorable
conditions by reason of misconduct and on 31 October 2013, you
were so discharged and assigned an RE4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and change your narrative
reason for separation and reenlistment code. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
misconduct. Accordingly, your application has been denied.
The Board also noted that you are entitled to submit the attached |
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of an upgrade of your
discharge and a change in your narrative reason for discharge.
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
material error or injustice.
Sine ly,
ROBERT J. O'NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR3822 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2015. In making this decision, the Board substantially concurred with NDRB’s reasoning when they upgraded your discharge to a General discharge vice Honorable. 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.
NAVY | BCNR | CY2014 | NR4741 14
A - three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on. 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. 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.
NAVY | BCNR | CY2014 | NR11768 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 Aprii 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2014 | NR1603 14
member panel of the Board for Correction of Naval Records, sitting -in executive session, considered your application on 25 February 2015. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your reentry code. 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.
NAVY | BCNR | CY2013 | NR794 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2013. The Board noted that you have not applied to the Naval Discharge Review Board (NDRB) for a possible upgrade of your discharge and change of your narrative reason for separation. 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.
NAVY | BCNR | CY2014 | NR5313 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2015. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because of your failure to satisfactorily...
NAVY | BCNR | CY2014 | NR3955 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2015. 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. Your record further reflects that on 8 October 2013, the Naval Discharge Review Board (NDRB) changed the characterization of your service to...
NAVY | BCNR | CY2015 | NR2815 15_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2013 | NR775 13
Since your discharge is less than 15 years old, you may apply to the Naval Discharge Review Board (NDRB) for a change to your character of service and narrative reason for separation. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2013. 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...
NAVY | BCNR | CY2014 | NR2254 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on;,the applicant to-démonstrate the existence of...