DEPARTMENT OF THE NAVY
" BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL .
Docket No: 3308-13
26 February 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 coder, section 1552. =
A three- member panel of the Board for Correction of Naval
Records, sitting in.executive session, considered your
application on 12 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 the evidence submitted was insufficient
to establish the existence oe. probable’ material error or
injustice. ce
‘You enlisted in the Marine Corps and began a period of active
_. duty on 19 September 2005 at age 18. On 10 October 2006, you
were convicted by special court-martial (SPCM) of unauthorized
absence from your unit for a period of 194 days. The sentence
imposed was confinement and a bad conduct discharge (BCD)... On |
11 September 2007, ~ you, received the BCD after appellate. review
was complete and were assigned an RE-4 (not: ee Commenane for .
vetentaon)) reentry code. :
“The. ‘Board, ‘in: its. review of your. application, carefully weighed
all potentially mitigating factors, such as your youth and —
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing your
reentry code. given. the seriousness of your misconduct that
resulted in an SPCM and a. period of UA over six months. An RE- 4
reentry code must be assigned to all Marines discharged due to —
an SPCM conviction. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board also noted that you are entitled to submit the
attached Application for the Review of Discharge or Dismissal
from the Armed Forces of the United States (DD Form 293) to the _
Naval Council of Personnel. Review Boards, Attention: Naval
Discharge Review Board (NDRB), 720 Kennon Street, SE, Room 309,.
Washington Navy Yard, Washington DC 20375-5023, for
consideration of an upgrade of your discharge and a change in
your narrative reason for discharge.
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
-NMaval record, the burden is on the. applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
TREN
‘ROBERT D. Z2SALMAN
Acting Executive Director .
. Enclosure
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