DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 04937-13
30 January 2014
This is in reference to your application for correction of your
naval record pursuant tothe provisions of title 10, 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 29 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, 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 18
May 1999. On 15 January 2008, you received nonjudicial
punishment (NJP) for carrying a concealed weapon and
communicating a threat. Thereafter, you were informed that you
were being recommended for administrative separation due to the
commission of a serious offense and you waived your right to
have your case heard by an administrative discharge board (ADB) .
You were: discharged by reason of misconduct on 8 February 2008,
with a general discharge and assigned an RE-4 (not recommended
for retention) reentry code, as required by governing
directives. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors present in
your case. However, the Board found those factors were
insufficient to warrant any change in your characterization of
service or change your reentry code, given your record of
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed a serious offense. 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
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. 2Z2SALMAN
Acting Executive Director
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