DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5120-14
18 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 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
13 May 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 and began a period of active
duty on 28 December 1983. You served for about one year and
five months without disciplinary incident, but on 8 May 1985,
and again on 9 July 1986, you received nonjudicial punishment
(NJP) for wrongful possession and use of an unauthorized DOD
vehicle pass, failure to obey a lawful order and unauthorized
absence.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to minor disciplinary
infractions at which time you elected your procedural ¥ights to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). The ADB recommended
discharge under other than honorable conditions by reason of
misconduct due to minor disciplinary infractions. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 29 August 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, desire to have your
discharge upgraded, and your letter from the Department of
Veterans Affairs. Nevertheless, based on the information
currently contained in your record, the Board concluded these
factors were not sufficient to warrant an upgrade of your
discharge given your repetitive misconduct which resulted in two
NJPs. 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.
Singeyely,
ROBERT J. O'NEILL
Executive Director
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