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NAVY | BCNR | CY2013 | NR3446-13
Original file (NR3446-13.pdf) Auto-classification: Denied
_DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

BJG
Docket No: 3446-13
11 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 Code, section 1552.

You.are advised that since your discharge is less than 15 years
old, you may apply to the Naval Discharge Review Board (NDRB)
for a change of your characterization of service and narrative

reason for separation. I have enclosed NDRB’s application form
for your convenience.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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 injustice.

You enlisted in the Navy and entered a period of active duty on

20 April 2010. You received nonjudicial punishment on two

occasions for using provoking speech or gestures (two
instances), and insubordinate conduct. Your command notified
you that you were being processed for administrative separation
due to misconduct. On 25 June 2012, you received a general
characterization of service in pay grade E-1 due to misconduct,

and were 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 and
current desire to change your reentry code. However, the Board
concluded that there was no error or injustice in the assignment
of your RE-4 reentry code in light of your misconduct and non-
recommendation for retention. 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.

Sincerely,
Re mea Se

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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