DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S,. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 3187-13
1 May 2014
This is in reference to your application for correction of your
naval record dated 14 February 2013, in which you requested
correction of your characterization of service, reason for
discharge, and reentry code. The Board did not consider your
request for correction of your reentry code as that request was
previously denied, and you have not submitted any new material
evidence concerning that request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 February 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 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 An JUBESCE.
The Board found that you enlisted in the Navy Reserve on 9 March
2007. ‘On 21 November 2009 you were arrested by civil
authorities on an outstanding warrant and: providing a false
name. The warrant charges included terroristic threats with
reckless disregard of risk and’ domestic assault.
On 1 July 2010 your commanding officer recommended that you be
separated with a general discharge by reason of misconduct due
to the commission of a serious offense. After review by the
discharge authority, the recommendation for separation was
approved and on 23 July 2010 you received a general discharge.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, overall
record, and the unsubstantiated contention that you were
innocent. The Board concluded that these factors were
insufficient, to change the characterization of service and the
reason for your ‘discharge in view of the seriousness of your
offenses. Accordingly, 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.
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,
ReneS
ROBERT D. 4SALMAN
Acting Executive Director
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