DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 4860-13
27 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 8 January 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, tegether 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. 2 -
The Board found that you enlisted in the Navy on 16 April 2008.
You received nonjudicial punishment on two occasions for
offenses that included unauthorized absence without leave on 30
April 2009, missing ship’s movement, failure to obey a lawful
order, and vieusng child pornography on a government computer.
On 9 December 2009 your commanding” officer recommended that you
be separated with a discharge under other than hondrable :
conditions by reason of misconduct due to the commission of a
serious offense. After review by the discharge authority, the
recommendation for separation was approved and on 5 January 2010
"1
you received a discharge under other than honorable conditions,
and were assigned a reentry code of RE-4.
The Board concluded that as the assignment of a reentry code of
RE-4 is required when an individual is discharged by reason of
misconduct, there is no basis for any corrective action in your
case. Accordingly, 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
-&@ 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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