—""“BEBARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
shes
MEPIS
BC
Decket No: 05179-13
18 September 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 17 September 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 on 27 May 2008. Your record is
incomplete. However, on 14 October 2010, you received
nonjudicial punishment (NUP) for insubordinate conduct and the
use of indecent language. Apparently, you were advised that
your commanding officer was recommending you for administrative
separation with a discharge under other than honorable
conditions (UOTHC) due to misconduct. Your commanding officer
forwarded his recommendation that you be discharged with a UOTHC
characterization of service by reason of misconduct. The
@ischarge authority agreed and directed a discharge UOTHC. On 5
November 2010, you were so discharged and assigned an RE-4
(ineligible for reenlistment) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case.
Nevertheless, the Board found those factors insufficient to
warrant changing the characterization of your discharge, given
your NJP, narrative reason for separation, and RE-4 reentry
code. 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 acgion cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence jor other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of régularity 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 J. O'NEILL
Executive Director
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