- ___ DEPARTMENT OF TRE RAYS
BOARD FOR CORRECTION DE NAVAL RECORDS -
yO. &. COURTHOUSE ROAD, GUITE 106%
TOR
Docket No: 3859-14
7 November 2014
pear
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 5 November 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 or
injustice.
you enlisted in the Marine Corps on 8 May 2000, and immediately
began a period of active duty. Your record contains an
administrative remarks (Page 11) entry which reflects that on 15
November 2013, you were relieved for cause from recruiting duty
due to your unspecified misconduct. Another page 11 entry
reflects that you were assigned an RE-4 reenlistment code because
of your nonrecommendation for retention, advancement, and
reenlistment due to commission of a serious offense. In this
regard, on 11 December 2013,: you submitted a written request for .
an other than honorable discharge in order to avoid trial by
court-martial for commission of an unspecified serious offense.
Prior to submitting this request you conferred with a qualified
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge. Subsequently, your request was granted and the
commanding officer was directed to issue you an other than
o
honorable discharge by reason of the good of the service. As
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 22 January 2014, you
were issued an other than honorable discharge for the good of the
service, and assigned an RE-4 reenlistment code. .
The Board, in ite 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. It aiso considered
your assertion that your discharge was in error, unjust, and
improperly executed. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case
pecause of the seriousness of your misconduct which resulted in
your request for discharge. the Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Marine Corps when your request for discharge was granted and you
should not be permitted to change it now. Finally, there is no
evidence in the record, and you provided none, to support your
assertion. 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
material error or injustice.
Sincerely,
ROBERT ‘UJ. O'NETLi
Executive Director
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