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NAVY | BCNR | CY2014 | NR5227 14
Original file (NR5227 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

SIN
Docket No: 5227-14
22 April 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 April 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.

.Eter 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 23 September 2003. On 11 January and 31 October 2006,
you received nonjudicial punishment (NUP) for failing to go te
your appointed place of duty, assault, and disobedience. You
remained on active duty until you were released under honorable

conditions on 22 September 2007.

Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.8. At
the time of your service, a conduct average of 4.0 was required
for a fully honorable characterization of service. The discharge
certificate you received was a result of you being discharged
from the Navy Reserve, and has no bearing on your period of
active duty.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, and desire to upgrade your
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
characterization of service given your misconduct and failure to
attain the required average in conduct. 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.

Sin ely,

ROBERT J. O'NEILL
Executive Director

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