OF Tre NAY T
NAVAL RECORDS
Dp, SUITE 1602
FOR . iON OF
701 5. COURTHOUSE ROA
TUR
Docket No: 429-14
6 November 2014
pear Jay
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 upen 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 ali
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. a - oo :
You enlisted in the Marine Corps and began a period of active
duty on 19 December 2007. You served for a year and two months
without disciplinary incident, but ducing the period from 10
March to 31 June 2009, you. received nonjudicial punishment {NJP)
on three occasions for multiple periods of unauthorized absences,
and two specifications of failure to obey ’a lawful order.
Subsequently, you were processed for an administrative separation
by reason of misconduct. After waiving your procedural right to
consult with legal counsel and to present your case to an
administrative discharge board’ (ADB), your commanding officer
recommended discharge ander other than. honorable conditions by
reagon of misconduct. The discharge authority approved this
recommendation and. directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
17 August 2009, you were so discharged.
_ 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, che
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
misconduct. Further, you were given an opportunity to defend
,yourself, but waived your procedural right to present your case
to an ADB. 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 navai record, the burden
ig on the applicant to demonstrate the existence oO
material error or injustice.
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