DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 5112-14
19 May 2015
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 ina 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
15 May 2015. 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 and began a period of active
duty on 28 January 2008. You served for about six months
without disciplinary incident, however, during the period from
27 July 2008 to 3 August 2011, you received three nonjudicial
punishments (NJP) for two specifications of failure to obey an
order or regulation, breaking restriction, two unspecified
periods of unauthorized absence (UA), making a false official
statement, and failure to obey a lawful order. On 27 January
2012, at the completion of required active service, you were
honorably released from active duty and transferred to the Naval
Reserve.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to remove derogatory material, specifically the
imposition of NJPs. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief in your case given
the seriousness of your repeated misconduct which resulted in
the three NUPs. Accordingly, your application has been denied
It 1s 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
applying for correction of an official naval record, the burden
is on the applicant to demonstrate the existence of the probable
material error or injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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