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NAVY | BCNR | CY2013 | NR4168-13
Original file (NR4168-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

BIG
Docket No: 4168-13
26 March 2014

 

This is in reference to your application for correction of your

naval record pursuant to the provisions or 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 Anjustice.
\ : : :
. You enlisted in the Navy and entered active duty on 11 April
1995. You received nonjudicial punishment on three occasions
for disrespect (two instances), failure to go to your appointed
place of duty, disobeyed a lawful order (two instances), ~
conspiracy to make a false official statement, making a false
- official statement, and larceny. You were then notified that.
you were being administratively separated due to misconduct with
a type warranted by service record characterization of service.
~. On 5 March 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, post
service good conduct, 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 serious misconduct, _.non-recommendation for retention, and
failure to complete your enlistment. In view of the above, your
application has been denied. .The naméS 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 ison the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

TRB. GE

ROBERT D. ZSALMAN
Acting Executive Director

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