“error or injustice.
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 3721-13
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 Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 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
You enlisted in the Navy and entered active duty on 25 July
(1995. Your record is incomplete, however, on 26 July 1995 you
were counseled regarding your fraudulent enlistment. On 15 July
1996, you received an adverse performance evaluation. You
received nonjudicial punishment for failure to obey a lawful»
order. You were then notified that you were being
administratively Separated due to misconduct with a type
warranted by service .record characterization of service. On 30
January 1998, you received a general characterization of service
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, service
in the Indiana Army National Guard, and current desire to
upgrade your discharge. However, the Board concluded that your
general characterization of service should not be changed in
light of your misconduct, non-recommendation for retention, and
failure to complete your enlistment. 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 actiod 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
arpresumption 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,
ROBERT D. ZSALMAN
Acting Executive Director
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