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7018. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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TAL
Docket No: 5445-14
18 December 2014
Dear Cy
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 an@ 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
19 December 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 ail 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 ansuffticient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 26 January 1999. You served for three years and 10
months without disciplinary incident, but during the period from
10 December to 18 December 2014, you received nonjudicial
punishment on two occasions. Your offenses were unauthorized
absence, making a false official statement, and wrongful use of
ecstasy. You remained on active duty until 12 February 2003,
when you were released under honorable conditions at the
expiration of your enlistment, based on your disciplinary record
and conduct mark average.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
pasis. Your conduct average was 3.8. At thé time of your
service, a conduct average of 4.0 was required for a Fully
honorable characterization of service.
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 assertion that your
Marine Corps record should be changed to reflect the same
characterization of service that was given by the Department of
Veterans Affairs (DVA). Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. The Board |
believed that you were Fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when a Marine has committed serious disciplinary
infractions. Regarding your assertion, the DVA:‘only has the
authority to recharacterize your service for their purposes. in
other words, the DVA does not have any jurisdiction to change
your Marine Corps record. Accordingly, your application has been
denied.
Tt 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. Consequentiy, 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 J O’NEILE
Executive Director
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