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NAVY | BCNR | CY2012 | 05228 12
Original file (05228 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 5228-12
26 March 2013

 

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 26 March 2013. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

You enlisted in the Navy Reserve and entered active duty on 18
August 1994. You were counseled twice for failing the Physical
Readiness Test and public intoxication. You also received
nonjudicial punishment on two occasions for two periods of
unauthorized absence totaling more than three days.
Administrative discharge processing was then initiated due toa
pattern of misconduct. You waived your procedural rights. On
11 February 1997, you were discharged with a general
characterization of service due to a pattern of misconduct, and
assigned an RE-4 (not recommended for retention) reentry code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
family problems, and current desire to serve in the armed
forces. However, the Board concluded that your characterization
of service and reentry code should not be changed due to your
misconduct, and non-recommendation for reenlistment. The Board
believed you were fortunate to have received a general
characterization of service, because normally sailors who are
administratively separated for misconduct receive other than
honorable discharges. In view of the above, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.

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. 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.

pincere ly,

Ne SD. AS

ROBERT D. ZSALMAN
Acting Executive Director

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