DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG.
Docket No: 4152-13
26 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 25 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, 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
25 October 2000. On 28 February 2003, you accepted nonjudicial
punishment (NJP) for failure to obey a lawful order (failing to
Maintain control of an M-16 rifle). You were found guilty at
the NUP. You completed your required active duty on 24 October
2005, were honorably transferred to the Navy Reserve, and
assigned an RE-1 (recommended for retention) reentry code.
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In ‘its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to remove the NJP from your record. The Board
found that you were given the opportunity to consult with
counsel prior to accepting your NJP. The Board concluded that
you have failed to prove an error or injustice in imposition of
the NUP and it shall remain in your official military personnel
file. 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,
eS,
ROBERT D. ZSALMAN
Acting Executive Director
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