TRE NAVY
ar a ee Tse mmernserens see cs
LUE LUOUSE ROAM. SUITE 1003
ARLINGTON, VA 22204-2490
TAL
Docket No: 312-14
7 January 2015
pear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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
December 2014. 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 OF
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 29 January 1974. about nine months later, on 21 October
1974, you were in the custody of civil authorities. You were
convicted of assault with a deadly weapon and sentenced to 180
days confinement. Based on the information currently contained
in your record, upon your return to military control, it appears
that you were subsequently processed for separation by reason of
misconduct due to civil conviction. In connection with this
processing, you would have acknowledged the separation action and
the separation authority would have approved 2 recommendation for
separation. The record clearly shows that on 3 September 1975,
you were discharged with an other than honorable {OTH) discharge
by reason of misconduct. At that time you were assigned an RE-4
reentry code, which means that you are neither recommended nor
eligible for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentiaily mitigating factors, such as
your desire to upgrade your discharge because you feel the OTH
characterization of your service is too harsh, and assertions of
mental iliness, expungement of civil conviction, and completion
of military obligation. Nevertheless, the Board found that these
factors were not sufficient to warrant relief in your case
* . - 1 ee ee . aan + 1
pecause of Lhe seriousness of your misconduct. Finally, the
Board found the documentation you provided is insufficient to
support your assertions. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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 J. O'NEILL
Fxecutive Director
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