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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24390 -
CRS - .
Docket No: 2026-13
14 March 2014 -
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 te
application on 29 January 2014. 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: ahd conscientious consideration of ‘the: entire.
record, the Board found that. the evidence. submitted. was.
insufficient: to establish | the existence ‘of Prebabic material
eo
The Board found that ° you enlisted in: the Navy on 15 guly 1g92.
You: received nonjudicial punishment ' on two’occasions for
offenses that* included’ being abseiit” from your appointed place’ of
duty and disrespect on ‘four: occasioiis. ’
Le | .
On '30- October 1993 your commanding officer recommended . that you
be separated with a discharge under other than honorable -
conditions by reason ef misconduct due to- the commission of. ‘a
serious offense. Aftex review by the: discharge authority; « the
_ recommendation for’ separation. was approved and-on 1 February
1994 you were separated by reason of misconduct with a discharge
under other than honorable conditions and were assigned a
reentry code of RE-4.,
On 28 January 1997. the Naval Discharge Review Board upgraded
your discharge under other-than honorable conditions toa
general discharge as a matter of clemency.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service... The Board concluded that those
factors were. insufficient to. warrant recharacterization of your
service or changing the reason for your discharge.
The Board ‘found that a reentry code of RE-4 is required by
regulatory. guidance and is assigned to service member separated
by reason of misconduct. Accordingly, your application has been |
denied. The names and votes of the members of the panel will be
furnished upon vequent.
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 previous 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 correction of an official naval
record, the burden is on-the applicant to demonstrate the
existence of probable material error or injustice.
. Sincerely,
ROBERT D. ZSALMAN
Acting Executive Director
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