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. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3434-13
19 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
application on 12 March 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, togéther 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 of probable material error or
injustice. :
You enlisted in the Navy and began a period of active duty on
14 November 1994 at age 18. On 15 July 1995, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty, insubordinate conduct toward a noncommissioned
officer, failure to obey a lawful order, communicating a threat.
and two instances of wrongful use of marijuana. You were notified.
of pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct. You waived all your
procedural rights, including your right to an administrative
discharge board (ABD). On 13 November 1995, you received the OTH
Gischarge’ for misconduct and were assigned an RE-4 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 |
a rn rr mr 5 —
these factors were not sufficient to warrant recharacterization
of your discharge or changing your reentry code due to the
seriousness of your misconduct. The Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service. Finally, an RE-4 reentry code must
be assigned to all Sailors discharged due to misconduct.
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 evidencefor 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.
Sincerely, -
; uD AD
ROBERT D. i
Acting Executive Director .
NAVY | BCNR | CY2014 | NR021 14
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. An RE-4 reentry code is required when a Marine is discharged due to misconduct and is not recommended for retention.
NAVY | BCNR | CY2013 | NR8231 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR6018 13
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. Your commanding officer then recommended you for administrative separation with an other than honorable (OTH) characterization of service discharge due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2013 | NR5880 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You were then advised that your command was recommending you for administrative separation with an other than honorable (OTH) characterization of service due to misconduct. 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.
NAVY | BCNR | CY2013 | NR5309 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 14 May 2014. On 15 June 1995, you received an OTH characterization of service discharge due to misconduct, and were assigned an RE-4 (not recommended for retention) reentry code. 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.
NAVY | BCNR | CY2013 | NR7573 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 12 August 2014. On 29 August 1995, you received an OTH characterization of service discharge due to misconduct, and were assigned an RE-4 (not recommended for retention) reentry code. 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.
NAVY | BCNR | CY2013 | NR3613 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR4702 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2014. You waived your procedural right to have your case considered by an administrative discharge board (ADB). 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.
NAVY | BCNR | CY2013 | NR4358 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. The ADB met, found that you had committed misconduct (drug abuse), and recommended that you be discharged with an other than honorable (OTH) characterization of service. 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.
NAVY | BCNR | CY2011 | 00979-11
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. On 18 December 1994, you were advised that your commanding officer was recommending you for administrative separation with an other than honorable (OTH) discharge due to misconduct. In this regard, an RE-4 reentry code is required when an andividual is discharged for misconduct and is not...