DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORES
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
SIN
Docket No: 4022-13
5 June 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 3 June 2014. The names and votes of the members
of the panel will be furnished upon request.
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 of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
19 July 2010. The Board found that your record in incomplete.
However, it does reflect that on 26 July 2012, you received
nonjudicial punishment (NJP) for conduct prejudicial to good
order and discipline. You received a reduction in paygrade. You
remained on active duty until you were honorably discharged on 3
August 2012. At that time you were assigned an RE-4 {not
recommended for retention} reentry code. Based on your
Certificate of Release or Discharge from Active Duty (DD Form
214), you were processed for separation by reason of a condition
that did not constitute a physical disability, but which
interfered with your ability to perform military duties.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to change your RE-4 reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change of your RE-4 reentry code
given your NJP and diagnosed condition. In this regard, you were
assigned the appropriate reentry code based on your
circumstances. Accordingly, your application has been denied.
The Board believes that you may be eligible for veterans’
benefits that accrued during your period of service. Whether or
not you are eligible for benefits is a matter under the
cognizance of the Department of Veterans Affairs (DVA). If you
have been denied benefits, you should appeal that denial under
procedures established by the DVA.
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,
ROBERT D. ZSALMAN
Acting Executive Director
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